Frequently Asked Questions
The law in Florida must protect the rights of millions of diverse people and businesses. It is complex. Before you call my office for a consultation, please use this page to find answers to any questions you may have about your legal issue.
Personal injury FAQs
- Should I provide a statement to an insurance company without a lawyer's help?
- Will I have to go to trial to recover damages?
- What is considered "pain and suffering?"
- What determines the amount I might recover?
- Is there a minimum or maximum amount that can be recovered in a personal injury settlement?
- What is a typical settlement amount?
- How does the Florida no-fault law affect my auto accident claim?
- Am I barred from recovery if I was at fault?
- When is a business owner or homeowner responsible for injuries occurring on his property?
- What does malpractice mean, and how do I prove it?
The answer to your legal questions—Robert W. Elton
I offer 38 years of experience in Central Florida, mostly in Daytona Beach and Volusia and Flagler Counties. I know the judges, the courts, the attorneys and the insurance companies here. During my first 15 years of practice, I defended insurance companies. I learned their tactics from the inside.
Put my experience and expertise to work for you by contacting me, Robert W. Elton, for a free consultation.
| Robert W. Elton Phone: 386-868-4628 Fax: 386-274-7577 |
1651 North Clyde Morris Boulevard, Suite 2 Daytona Beach, Florida 32117 Email: RElton@eltonlaw.com |
Personal injury
Should I provide a statement to an insurance company without a lawyer's help?
It is in your best interests to only provide your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.
Will I have to go to trial to recover damages?
The vast majority of personal injury cases filed are settled prior to trial.
What is considered "pain and suffering?"
Pain and suffering includes physical and mental anguish experienced through avoiding activities you engaged in prior to your accident including pain and the potential of suffering which you are reasonably certain to experience in the future. For future damages, your life expectancy is considered in an award.
What determines the amount I might recover?
There is no formula for determining the amount to which you are entitled for damages like pain and suffering, but in every claim these three issues must be considered:
- Liability—establishing someone's negligence caused the injuries
- Damages—the amount that will fairly and adequately compensate you for your injuries
- Source of collection—insurance or other assets from which damages can be recovered
Is there a minimum or maximum amount that can be recovered in a personal injury settlement?
Not generally, although the Florida constitution was amended to limit the maximum you can recover in malpractice cases.
What is a typical settlement amount?
An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim:
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The strength of lay and expert witness testimony will likely influence the amount. The goal is fair and adequate compensation for your injury and an experienced attorney will know what a reasonable jury would award.
How does the Florida no-fault law affect my auto accident claim?
Because it is a no-fault state, all Florida drivers are required to insure their cars with $10,000 personal injury protection (PIP) benefits and $10,000 for property damage. The minimum state requirement for PIP protection is $10,000, and is intended to pay 80 percent of your medical expenses and 60 percent of your lost wages after a car accident.
In general, the driver that caused the car accident is responsible for paying the remaining 20 percent of your medical bills and the remaining 40 percent of your lost wages. However, Florida law does not require drivers to purchase insurance to cover these unpaid amounts. In some cases, drivers purchase uninsured motorist insurance to cover potential additional compensation costs.
Am I barred from recovery if I was at fault?
As a Florida personal injury lawyer, a significant amount of my practice is dedicated to auto accident cases. No-fault law can greatly impact litigation. Because of the complexities of this insurance system, you need a personal injury lawyer to ensure that you get the best possible settlement. Now in Florida we have what is called comparative negligence. If both you and the person or company that injured you were at fault, you can recover part of your damages based on the percentage of fault attributed to the other person or company.
For example, if you have damages of $400,000 and the other person or company was 75 percent at fault, you can recover $300,000. Again, there are limitations on this doctrine depending on the type of damages, which I can explain when you contact me.
When is a business owner or homeowner responsible for injuries occurring on his property?
If you suffer injury while on property owned by someone other than you, the property owner may be liable for your injuries. No matter who the property owner is, whether it be a privately owned home of one of your neighbors or a publicly owned shopping center, it is their responsibility to keep their property properly maintained and safe for others.
Liability claims come into play when property owners fail to provide a safe and secure place for visitors. Therefore, it is important to prove that the property owner or property manager was negligent by failing to keep their property free of hazards or to provide sufficient security to protect visitors from foreseeable criminal activity.
After a thorough evaluation of your case and analysis of the facts and circumstances, I can determine the damages to which you are entitled. Through a premises liability case you may be able to recover medical costs, past and future lost income, pain and suffering, property damage, and for any other losses sustained.
What does malpractice mean, and how do I prove it?
There are a few things you should consider to establish a case for medical malpractice. Medical malpractice means medical negligence by a medical provider causing injury. The provider can be a doctor or a hospital. Generally the plaintiff must prove that:
- The defendant had a duty to the plaintiff.
- The defendant failed to meet the standard of care owed to the plaintiff.
- The mistake actually caused the plaintiff's injury.
- The doctor or other medical professional's negligence damaged the plaintiff.
In a medical malpractice case, there are several difficult issues, one of which is proof of causation. Generally, the injuries involved in medical malpractice cases require specific medical training to understand. Usually the normal plaintiff may not know the cause of such injuries. These things are often difficult to prove and require the hiring of an expert doctor or other provider in the same field as the defendant. It is important to contact an experienced medical malpractice attorney who will work with experts to prove causation.
