Personal Injury Attorney in Daytona Beach

Pursuing The Deserved Compensation for Injury Victims in Daytona Beach

Although we take every effort to keep ourselves safe from harm, we can't always avoid suffering injury or tragedy. If you or a loved one has recently been injured due to another person's negligence, our firm can help you seek the restitution you deserve. 

Our Daytona Beach personal injury attorneys understand the difficulty you are facing. We have experience in a wide variety of legal cases and can use this knowledge to help guide you through the process of filing a personal injury claim in Daytona Beach.

Personal injury claims can be intricate and sometimes overwhelming. Navigating the legal system requires an understanding of both state-specific laws and the nuances of different case types. At Buckmaster & Ellzey, we pride ourselves on our ability to demystify these complexities, enabling you to make informed decisions about your case.

Contact our firm online today or call (888) 785-6548 to schedule a consultation with our experienced Daytona Beach personal injury lawyers.

A Personal Injury Law Firm in Daytona Beach For Your Claims

Our attorneys at Buckmaster & Ellzey are dedicated to providing compassionate and effective legal counsel. 

We handle a wide range of injury cases, including the following:

• Auto Accidents
• Trucking Accidents
• Boating Accidents
• Slip and Fall
• Medical Malpractice
• Product Liability
• Premises Liability
• Wrongful Death

In most events where life-altering harm can be attributed to the fault of another, you have the right to file a lawsuit. A claim can address the emotional and psychological damage suffered as a result of the injury, and/or the wages lost due to the accident. 

Likewise, if another's negligence led to your loved one's passing, you can seek to recover the support (including earnings and inheritance) they would have otherwise provided you.

Do not delay in seeking compensation for the wrongs others have caused you. Some types of cases, such as wrongful death, offer a limited time frame for filing a personal injury claim. Our attorneys can handle your case in a timely, professional manner. With Buckmaster & Ellzey, you can be confident that your case is in the right hands.

Common Causes for Personal Injury Accidents in Daytona Beach

Personal injury accidents in Daytona Beach often stem from a mix of heavy tourism, high traffic volume, and everyday hazards. Some of the most common causes include:

Florida's Unique Legal Landscape for Personal Injury Claims

Navigating a personal injury claim in Florida requires an in-depth understanding of the state's specific laws, which can significantly impact your ability to recover compensation. The legal landscape has seen recent changes that underscore the importance of experienced legal counsel.

Florida's Modified Comparative Negligence Rule

Florida operates under a "modified comparative negligence" system. This rule dictates how compensation is affected if you are found to share some fault for the accident that caused your injuries.

• The 51% Bar Rule: Under Florida law, if you are found to be 51% or more at fault for the incident, you are completely barred from recovering any damages from the other party.
• Reduced Compensation: If you are found to be 50% or less at fault, you can still recover compensation, but the amount will be reduced proportionally to your percentage of fault. For example, if your total damages are $100,000, but you are deemed 20% at fault, your recoverable compensation would be reduced to $80,000.

Insurance companies frequently attempt to assign a higher percentage of fault to injured victims to reduce their payout or deny the claim entirely. A skilled Daytona Beach personal injury lawyer will challenge such unfair allocations of blame, working to minimize your assigned fault and maximize your potential recovery.

In real cases, fault can be disputed using photos from the crash scene, traffic camera footage from busy Daytona Beach corridors such as International Speedway Boulevard, and opinions from accident reconstruction professionals. Our role is to gather and preserve this type of evidence early and present your side of the story in a way that fits within Florida’s modified comparative negligence rules rather than the narrow version offered by an insurance adjuster.

Florida's No-Fault Auto Insurance System (Personal Injury Protection - PIP)

Florida is one of a handful of states with a "no-fault" auto insurance system. This means that after a car accident, your own Personal Injury Protection (PIP) insurance typically covers a portion of your medical expenses and lost wages, regardless of who was at fault for the crash.

• Limited Coverage: PIP coverage is usually limited (for example, $10,000) and often only covers 80% of medical bills and 60% of lost wages. For serious injuries, this amount is quickly exhausted.
• "Serious Injury Threshold": To step outside the no-fault system and pursue a claim against the at-fault driver for non-economic damages (like pain and suffering) and medical expenses exceeding PIP limits, your injuries must meet Florida's "serious injury threshold." This threshold typically includes significant and permanent injury, permanent scarring or disfigurement, or death.

Understanding when and how to navigate outside the PIP system is critical for victims of severe car accidents. A knowledgeable personal injury attorney in Daytona Beach can determine if your injuries meet this threshold and help you pursue a claim against the negligent driver.

Florida's Statute Of Limitations For Filing a Claim

When it comes to filing a personal injury suit, time is of the essence. This is due to a law called the “statute of limitations.” This law imposes a time limit on how long injury victims have to file a personal injury claim before they lose their legal right to do so. According to Florida Statutes section 95.11(3)(a), the statute of limitations for many personal injury cases in Florida is four years.

The statute of limitations is not merely a guideline; it is a critical element of your legal strategy. Different factors, such as the age of the victim or discovery of hidden injuries, can alter the applicable time frame. Missing this window generally means forfeiting your right to legal recourse, which underscores the importance of seeking prompt legal guidance. Our firm provides prompt assessments to help ensure your case is timely filed in line with Florida’s legal standards.

Types of Compensation (Damages) Available in a Personal Injury Claim

The goal of a personal injury claim is to recover financial compensation for all losses you have suffered due to the accident. In Florida, damages typically fall into three main categories:

Economic Damages: These are tangible, calculable financial losses, including:

• Past and future medical expenses (hospital stays, doctor visits, surgeries, medication, physical therapy, rehabilitation, assistive devices).
• Lost wages and income from time missed at work.
• Loss of future earning capacity if your ability to work is permanently impaired.
• Property damage (vehicle repair or replacement).
• Costs of household services, childcare, or home modifications necessitated by your injuries.

Non-Economic Damages: These are subjective, non-monetary losses that significantly impact your quality of life, including:

• Pain and suffering (physical discomfort, emotional distress, mental anguish, grief).
• Loss of enjoyment of life (inability to participate in hobbies, recreational activities, or daily routines).
• Disfigurement and scarring.
• Permanent physical impairment or disability.
• Loss of consortium (the negative impact on your relationship with your spouse or family).

Punitive Damages: These are awarded in rare cases to address particularly egregious or malicious conduct and to deter similar behavior in the future. They are not intended to compensate the victim but to make an example of the wrongdoer.

A thorough Daytona Beach personal injury lawyer will work diligently to identify, document, and pursue every category of damages relevant to your claim.

To accurately present your losses, we may help you gather pay stubs, tax returns, and statements from your employer, as well as ask your family members and friends to describe the changes they have seen in your daily life since the accident. In many cases, we also work with financial professionals to project the long-term cost of future care or reduced earning capacity so that any settlement discussions take into account not just your current bills, but the financial realities you are likely to face years down the road.

The Personal Injury Claims Process in Florida

The personal injury claims process in Florida generally follows a series of steps, though the timing and complexity can vary depending on the facts of the case and the parties involved:

1. Medical treatment and documentation: After an accident, seeking medical care is the first priority. Medical records not only support your health and recovery but also document the extent of your injuries. In Florida auto accident cases, timely treatment is especially important to preserve Personal Injury Protection (PIP) benefits.
2. Investigation and evidence gathering: The claim process begins with investigating how the accident happened. This may include collecting police or incident reports, photographs, video footage, witness statements, medical records, and employment or wage information. Establishing fault and damages is critical at this stage.
3. Insurance claim and notice: A claim is then submitted to the appropriate insurance company or companies. This may involve your own insurer, the at-fault party’s insurer, or both. Florida’s no-fault rules apply to many car accidents, while other injury cases proceed directly against the liable party’s insurer.
4. Evaluation of damages: Damages are assessed based on medical expenses, lost income, future care needs, pain and suffering, and other losses. Insurance companies often review these claims carefully and may dispute the extent or cause of injuries.
5. Demand and negotiation: Once injuries stabilize or future treatment needs are clearer, a demand may be made seeking compensation. Negotiations can follow, with back-and-forth discussions aimed at reaching a fair settlement without going to court.
6. Filing a lawsuit if necessary: If a settlement cannot be reached, a personal injury lawsuit may be filed in a Florida court. This starts the litigation process, which includes discovery, depositions, motions, and possibly mediation.
7. Resolution through settlement or trial: Most cases resolve through settlement before trial. If not, the case proceeds to trial, where a judge or jury decides liability and damages.

Why Choose Buckmaster & Ellzey for Your Daytona Beach Injury Case

Choosing the right legal team after an accident is an important decision, especially when you are unsure where to turn or what to do next. At Buckmaster & Ellzey, we combine decades of courtroom experience with a hands-on, client-centered approach designed to support you from the first meeting until your case is resolved.

When you hire us, your case is not passed down a line of unfamiliar faces—you work directly with attorneys who know Daytona Beach and who take the time to get to know you. We keep you updated on developments, explain legal concepts in plain language, and promptly return calls so that you are never left wondering what is happening.

Our team is also mindful that a personal injury case is more than just a file number; it is often the turning point in someone’s life. By aligning our work with your goals and keeping communication open, we aim to give you both strong advocacy and the reassurance of knowing you have a steady guide throughout the process.

Contact a Dedicated Daytona Beach Personal Injury Attorney

We do not tolerate the practices or negligence that lead to your suffering. Our personal injury attorneys work to help ensure that each of our clients is properly compensated for their difficulties. With a wide range of legal experience, the lawyers at Buckmaster & Ellzey are qualified to provide the representation you need.

Located in Daytona Beach, our legal team leverages local knowledge and a strong understanding of Florida's legal landscape, which is critical in advocating for the residents of our community. We prioritize transparency in communication, promptly updating our clients at each stage of their case to help ensure they are never left in the dark.

Injured in Daytona Beach? Call (888) 785-6548 or contact us online now to schedule your consultation with a dedicated personal injury lawyer. Let us fight for the compensation you deserve.

FAQs About Hiring a Daytona Beach Personal Injury Attorney

What Should I Do Immediately After an Accident in Daytona Beach?

In the aftermath of an accident, prioritize safety and medical help. If possible, document the scene with photos, gather contact information from witnesses, and report the incident to the authorities. Seeking immediate medical attention is crucial even if injuries are not apparent, as some symptoms may manifest later. Prompt medical documentation is key for your claim. Contacting a personal injury attorney soon after can help ensure your rights are protected from the outset.

How Is Liability Determined in Personal Injury Cases?

Liability determination can be complex, involving multiple factors and parties. Generally, it requires proving that the other party's negligence caused the injury. This involves gathering evidence such as eyewitness accounts, expert testimony, and physical evidence from the scene. In Florida, the comparative negligence standard is applied, meaning you can still recover damages even if you are partially at fault, though your compensation may be reduced by your percentage of fault.

Can I Handle a Personal Injury Claim Without a Lawyer in Daytona Beach?

While it is possible to handle a personal injury claim independently, working with a lawyer can increase the likelihood of a favorable outcome. An attorney provides guidance in processing claims, negotiating with insurance companies, and litigating in court if necessary. They have the resources and knowledge to pursue the compensation you may be entitled to, which often outweighs any self-managed settlements.

What Does the Personal Injury Settlement Process Involve?

The settlement process typically involves negotiations between the injured party and the insurance company. Initially, your attorney will present a demand letter outlining damages and compensation requests. The insurance company may counter with a lower offer, prompting further negotiations. If both parties can agree on a fair compensation amount, the case is settled without the need for a trial. Throughout this process, our attorneys maintain transparent communication, helping ensure you understand each offer and its implications.

How Long Does a Personal Injury Case Take to Resolve?

The duration of a personal injury case varies based on factors such as case complexity, the willingness of parties to negotiate, and court schedules. Some cases settle in a few months, while others, especially those involving significant disputes, might take years to reach a conclusion. Our firm at Buckmaster & Ellzey works to move cases forward by maintaining an organized approach and proactively addressing potential delays in proceedings.