Can I Sue?
If you’ve been involved in an accident that was caused by the negligent and reckless actions of another, you may be wondering how you can hold the responsible party accountable for your injuries, medical bills, and other damages. A personal injury attorney may be able to file a lawsuit on your behalf to recover compensation for these damages.
A person or corporation acts negligently if they fail to act how a reasonably prudent person or entity would act under similar circumstances. In addition, doctors, nurses, and other medical professionals must provide healthcare in a manner that conforms to the accepted standards of the medical profession. If this duty is breached resulting in an injury to the patient, medical malpractice may have occurred.
Depending on the details of your accident, a number of other factors may affect your right to file a personal injury claim. Only a qualified Daytona Beach attorney will be able to determine whether you have legal recourse under Florida law.
How Our Daytona Beach Personal Injury Attorneys Can Help
In handling your personal injury case, the attorneys in our Daytona Beach office may:
Gather Evidence: As part of a personal injury lawsuit, your attorney may:
- Take photographs of the accident scene and review any video surveillance footage of where the accident took place
- Collect all necessary medical records to demonstrate the extent of your injuries
- Interview witnesses and healthcare providers
- Review Daytona Beach police and accident reports
Because witnesses’ memories fade over time and physical evidence may become lost or damaged, it is important that you contact an attorney immediately after suffering an injury.
Work with Experts: Our Daytona Beach attorneys work with leading medical experts to help us win cases for our clients. In a personal injury lawsuit, a medical expert can evaluate the victim’s injuries and explain how they were caused by the defendant’s actions. In a medical malpractice case, a medical expert may be used to review the level of treatment the patient received and explain to the jury how the doctor or healthcare professional violated the accepted standard of care of the medical profession.
Negotiate with Insurance Companies: In many personal injury cases, the wrongdoer’s insurance company may attempt to settle the lawsuit to avoid the expense and uncertainty of a jury trial. If a settlement offer is received, our personal injury attorneys will evaluate the offer and negotiate on your behalf to ensure that the settlement provides adequate compensation for your damages. If negotiations do not result in an acceptable settlement offer, your personal injury attorney will prepare your case for trial.
Prepare for Trial: At trial, your personal injury lawyer will argue your case to a judge or jury to prove that your injuries were caused by the negligence, recklessness, or malpractice of another. Your attorney may offer opening and closing statements, question witnesses, and cross-examine any witnesses called by the defendant or its insurance company.
Damages Available in Daytona Beach Personal Injury Lawsuits
The following types of damages may be available in a personal injury lawsuit:
Medical Expenses: Through a personal injury lawsuit, you may be able to receive compensation for all medical expenses incurred as a result of the accident. In addition, you may also receive compensation for medical expenses that you will incur in the future as a result of the accident. This may include compensation for rehabilitation services and the cost of in-home care aides.
Lost Wages and Earnings: Damages in personal injury lawsuits often include compensation for lost wages and earnings. If you are unable to perform the essential functions of your job after suffering a personal injury, you may also be able to recover compensation for your decreased earning potential. Your attorney may retain an economic expert to determine the value of your diminished earning capacity over the course of your lifetime.
Pain and Suffering: Based on the severity of your injuries, you may be able to recover damages for the physical pain, emotional suffering, and mental anguish caused by the accident. You may also be entitled to compensation for chronic pain or reduced quality of life. In addition, a spouse of a personal injury victim may be able to recover damages for loss of consortium, which is intended to compensate a victim’s spouse for loss of a family relationship.
Punitive Damages: In cases of wanton negligence and reckless disregard for the safety of others, a personal injury victim may be eligible for punitive damages, which are designed to punish the wrongdoer and discourage others from engaging in similarly dangerous conduct.
To learn more about how the personal injury attorneys in our Daytona Beach office may be able to help you, please complete our free case review form.