Key elements in a personal injury claim in Daytona Beach

Daytona Beach, FL – Accidents happen all the time, but if you are injured as a result of someone else’s wrongdoing, that person must be held accountable. Such claims can be pursued under Florida’s personal injury laws. Whether you were injured in a motor vehicle accident, a slip, and fall, by using a defective product, or due to an error committed by a medical professional, the main thing is to prove that your injuries were caused by negligence.

In such cases, you should always rely on experienced Daytona Beach personal injury lawyers. If you sustained severe injuries and have considerable financial damages to recover don’t try to pursue the claim on your own. You need good knowledge of personal injury laws and various statutes, and you also need someone who knows how to negotiate with an insurance company.

For minor car accidents, you can recover damages under your Personal Injury Protection (PIP) policy, but for serious injuries, you’ll have to step outside Florida’s no-fault laws and use tort laws to file your claim or lawsuit. 

To hold someone accountable for your damages, you must prove that it was a case of negligence. This is easier said than done. You cannot march into the insurance adjuster’s office and accuse someone of negligence. You must do this in accordance with state laws. Four elements must be established to prove a case of negligence.

Duty of care

Your lawyers will have to show that the other party had a duty of care to you. Drivers, for instance, are expected to drive safely and respect traffic laws, so the duty of care is implied. 

In a premises liability case, you’ll have to show that the owner of the establishment (bar, restaurant, store, hotel, etc) had a duty to watch out for the safety of their visitors.

Breach of duty

This is the hardest part in a negligence case as your Florida personal injury lawyers will have to point to the cause of the accident. In a car accident, the police report will be a key piece of evidence, but your lawyers may also need to visit the crash scene, talk to witnesses, check out the driver’s record, or even bring in accident reconstruction experts. 

In a slip and fall case, your lawyers must prove the owner of the property knew or should have known of the dangerous conditions that led to your accident.

Medical malpractice claims are the most challenging as your personal injury lawyers must find medical experts qualified to look into your case. You cannot file a lawsuit if you don’t have the assessment of another doctor saying that your claim is valid. 


This part refers to proving that you were injured as a result of the accident. This may be obvious to you, but you will need medical records to prove it. Make sure you see a doctor as soon as possible after an accident.


You will need seasoned lawyers to put a price on your suffering. You are entitled to compensatory damages, which will cover your medical expenses and lost earnings, as well as your pain and suffering. Only experienced lawyers can tell you how much your claim is worth. 

If you were recently injured in an accident in the Daytona Beach area, schedule a free consultation with a trustworthy lawyer at the Pappas & Russell law firm to see how you can recover damages.

Contact info

Pappas & Russell

Phone: (386) 254-2941

[email protected]

213 Silver Beach Avenue

Daytona Beach, Florida 32118

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