Daytona & Ormond Beach Personal Injury Attorney
Represent in Daytona Beach, Ormond Beach, Port Orange and Surrounding Areas
There are various types of personal injury cases handled by attorney Elton at the Law Office of Robert W. Elton in Daytona Beach, Florida. Serving the people of New Smyrna Beach, DeLand, Bunnell, Ormond Beach, Holly Hill, Palm Coast, and those throughout Volusia and Flagler counties, Attorney Elton offers individualized and aggressive legal representation for those who have been the victims of the negligent actions of others. Contact our Daytona & Ormond Beach personal injury attorneys today.
- Car Accidents
- Insurance Disputes
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip & Fall
- Truck Accidents
Car Crashes and Other Accidents
Car crashes account for the majority of the various street and motor vehicle related accidents. Most car accidents are the result of one of various types of behavior, including distracted driving, driving recklessly (too fast for road conditions or speeding), and driving under the influence (DUI).
Other common causes include driver fatigue, inexperience, inattentiveness, and operator error. Aggressive driving and equipment malfunction or failure may also come into play.
If the other driver is at-fault, you may have grounds for a personal injury claim. However, many people involved in such accidents are confused as to whether or not they have a civil lawsuit case.
Because Florida is a no-fault state, many traffic accidents are simply handled via each individual’s insurance company.
In order to sue someone in a personal injury case involving a vehicle, the injuries must be of a serious nature, having caused permanent disfigurement, ongoing pain and suffering, and/or an alteration of one’s life in terms of their ability to work and earn a living.
But the fact is you don’t know whether or not you have cause to bring suit until you review your case with a competent and experienced personal injury lawyer.
Such personal injury cases include car, boat, truck, and motorcycle accidents, as well as pedestrian and bicycle accidents. In the case of a fatality, the surviving relatives may bring about a wrongful death lawsuit.
The statute of limitations in the state of Florida, which is the amount of time you have to bring a lawsuit in relationship to when the accident occurred or the damage was initially recognized, for personal injury cases is four years, and two years for wrongful death.
Premises Liability Cases
Premises liability lawsuits are concerned with a variety of situations, including slip and fall accidents. Of all types of premises liability suits, slip and fall accidents are the most common, and are often categorized separately.
Premises liability refers to situations that are hazardous, and of which either the liable party was or should have been knowledgeable. The responsible party would be determined negligent if he or she did not alert anyone of property hazards or if they did not act or respond to an accident in a timely manner.
Finally, the injured party must have behaved in a proper manner, using common sense in terms of dealing with the hazard.
Along with slip and fall accidents, premises liability claims may be made against a party if injuries were suffered due to lack of security, to the creation of a hazardous situation involving any range of materials, such as explosives, gases, etc., or aggressive or untrained security personnel causing injuries.
Slip and Fall Accidents
If you are injured in a slip and fall accident due to the negligence of another person and suffer life-changing injuries, then you may have grounds for a civil lawsuit.
Slip and fall accidents include mishaps that occur due to unseen obstacles, falling debris, improperly or poorly lit areas, steps or floors in disrepair, loose or missing handrails, and other such situations. Slip and fall accidents must meet the same criteria as other premises liability accidents.
If a product or its components are defective and they cause injury, you may have recourse through civil court. In order to win a lawsuit such as this, negligence must be proven in that the defective part or the product was “unreasonably dangerous.”
Also, if the product was used in an unintended manner by the manufacturer, or if it was altered in some way, then a product liability claim would most likely not stand up in court.
Another type of suit, a strict liability suit, may be brought in product related cases. With this type of lawsuit, which is difficult to prove, the plaintiff must show that the defect was related to manufacturing procedures. This is a complicated process that involves analysis, testing, and expert testimonies.
Who to Sue
A major question with many personal injury cases involves which party or parties should be sued. This isn’t always immediately clear. Sometimes accidents involve only one individual, but accidents that involve commercial trucks, businesses, and apartment complexes or condominiums, you may be bringing suit against multiple individuals or entities. One of my jobs is top help you determine who the negligent parties are in your case.
- How to Get a Personal Injury Lawsuit Started
- Why Do I Need a Personal Injury Lawyer?
- How to Prepare for a Personal Injury Case
Consider Talking to an Experienced Daytona Beach Personal Injury Attorney
If you are considering bringing a personal injury lawsuit or you have any questions, contact the Law Office of Robert W. Elton in Daytona Beach, Florida, by calling 386-274-2229. You may also contact me by using the short information form available on this page. I will set up a free, no obligation meeting where we will discuss your case and provide you with possible options. Do not walk this path alone. Personal injury cases call for knowledgeable and experienced legal representation.