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Car Accident Lawyers in Daytona Beach, FL - car crash

Car Accident Lawyers in Daytona Beach, FL

Daytona Beach Car Accidents

444 Seabreeze Boulevard, Suite 100
Daytona Beach, FL 32118


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  • America’s Largest Injury Law Firm
  • Protecting Families Since 1988

Daytona Beach Car Accidents

Following a crash, many car crash victims will not receive the compensation they need through insurance claims alone. Recent changes in insurance law have affected victims’ rights to file personal injury lawsuits, but our car accident lawyers have decades of combined experience handling automobile accident claims and have the ability to adapt our practice to changes in insurance law.

Under current laws, your ability to take legal action will hinge on the severity of your injury. At Morgan & Morgan’s Daytona Beach office, our car crash attorneys understand which pieces of evidence will be vital in demonstrating the gravity of your injury and proving that you have the right to pursue additional compensation through a personal injury lawsuit.

If you or a loved one has been injured in a motor vehicle, truck, or motorcycle wrecks, our attorneys may be able to help. To contact us today regarding your crash, please complete our free case review form.

How Can Personal Injury Protection (PIP) Insurance Affect My Car Accident Case?

PIP Insurance and Car Accidents{: .pull-right .offset1 .frame1 style="width: 200px; margin-top: 5px;"}Florida has made changes to its insurance laws to reduce the number of crash-related lawsuits and to lower insurance rates. Automobile wreck victims must meet an “injury threshold” to be eligible to pursue additional compensation through a personal injury lawsuit. Injuries which meet this threshold include paralysis, brain damage, significant head injuries, permanent scarring and disfigurement, or fractured bones.

If your car accident lawyer cannot prove your injury meets this threshold, you may not be able to file a lawsuit for additional compensation. An immediate evaluation by a physician, in addition to further testing and monitoring at the hospital, can be vital in proving that your injury is severe enough to warrant legal action under Florida’s insurance laws.

Car Accident Lawsuit Process

After the Accident

Immediately following the motor vehicle crash, it is important for you to receive a thorough physical evaluation. Your physician can:

  • Help determine if you have an “emergency medical condition,” which can increase the benefits you can collect under PIP coverage
  • Record any visible scratches, lacerations, or bruising
  • Determine if there is any readily apparent internal damage
  • Find evidence that an injury may manifest at some point in the future

The information documented in this evaluation can be crucial to the success of your case and the amount of compensation you may be able to recover. Following this initial evaluation, you should contact a car accident attorney to learn more about your legal options.

It is important that you do not discuss the wreck or your injury with anyone other than your physician and attorney. Anything you say can be used against you during future negotiations and litigation. Your car accident lawyer will handle all discussions concerning the case on your behalf.

Collecting Insurance Benefits

In many cases, it is unlikely that your PIP benefits will cover the cost of all damages you have incurred. An attorney can help ensure you recover the maximum amount of benefits available to you and determine whether your injury is severe enough to warrant a lawsuit for additional compensation.

Investigation

Your car accident lawyer will launch an investigation to collect evidence that will substantiate and support your automobile accident lawsuit. During this investigation, your attorney may interview witnesses, review police reports and photographs, examine medical records, and recreate the scene of the car crash with the assistance of reconstruction experts.

The information your car accident lawyer gathers will aim to show how the other party, most commonly another driver, was negligent and therefore responsible for your damages.

Constructing Your Claim and Complaint

Following his or her investigation, your attorney will construct a claim detailing the injury you have sustained, explaining how the other party was negligent, and stating the amount of compensation that you are seeking. The strength of your case will hinge on the evidence your attorney is able to include in your claim.

Negotiation(s) and Litigation

Prior to filing your lawsuit, your attorney may attempt to reach a settlement agreement to avoid bringing the case to court. If negotiations are unsuccessful, your attorney will file your lawsuit with the court. The court will permit both sides the chance to carry out additional investigations to gather further evidence in support of their claims.

During this time, your attorney may engage in another round of negotiations in a last minute attempt to avoid litigation. Should negotiations fail, your case will be tried in front of a judge or jury, who will then determine liability for the crash and the amount of compensation you may be entitled to recover, if any.

Motorcycle Accident Attorneys

As the host of Bike Week and Biketoberfest, Daytona Beach has hundreds of thousands of motorcyclists using their city’s roadways each year. Unfortunately, bikers lack the protection of four-wheel vehicles and therefore have an increased chance of suffering a fatal or serious injury in the event of a crash.

In Florida, motorcyclists are not required to purchase PIP insurance and are therefore eligible to file a personal injury lawsuit, regardless of the severity of their injury. In seeking compensation for your injuries, your motorcycle attorney will collect evidence showing how the other party was negligent in the operation of their vehicle.

Another driver may be considered negligent if he or she fails to pay attention to their surroundings and others on the roadway, turns left into the path of a motorcyclist, changes lanes without checking their mirrors, fails to give the biker the right of way, or operates his or her vehicle while distracted.

Truck Accident Attorneys

With major interstates, including I-95 and I-4, running through Daytona Beach, thousands of commercial trucks, tractor-trailers, 18 wheelers, and semi-trucks pass through the city every day. Trucks are significantly less maneuverable, heavier, and larger than other vehicles on the road, and therefore put other drivers on Florida’s overcrowded interstates at an increased risk of serious injuries. To help ensure a safe driving environment, truck drivers and trucking companies are required to adhere to local and state regulations, as well as a set of laws passed by the Federal Motor Safety Administration regulating the operation and maintenance of trucks.

If the truck’s driver, owner, manufacturer, or maintenance crew fails to adhere to these regulations, and a wreck occurs, they may be liable for any resulting damages. If you or a loved one has been injured in a crash, it is important to hire an experienced truck accident attorney.

Injuries and Compensation

The attorneys in our handle cases on behalf of clients who sustained injuries including, but not limited to, disfigurement, lacerations, severe head trauma, spinal cord injuries, paralysis, fractures, and internal organ damage.

Our attorneys also delicately handle cases involving fatal crashes, pursuing compensation on behalf of the victim’s surviving family members.

Our attorneys may be able to help you recover compensation for your losses, including:

  • Current and future related medical expenses
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Mental anguish
  • Loss of consortium
  • Loss of enjoyment of life
  • Funeral expenses and other related costs
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FAQ

Morgan & Morgan

  • What Are Florida Car Accident Laws?

    One of the many reasons to hire an experienced car accident lawyer in Daytona Beach is to understand the Florida statutes that apply to car accidents and other types of personal injury cases. Moving forward with a legal claim on your own can have multiple unforeseen issues and complications, and the support of an attorney can prove to be priceless. Read on to learn more about Florida statutes and how a lawyer can help.

    Florida Statute of Limitations

    Each state establishes a deadline for filing a personal injury lawsuit, with the most common deadline set between two and four years. However, some states have established a statute of limitation for filing a personal injury lawsuit as long as six years and as short as one year. Florida gives plaintiffs four years to file a civil lawsuit that seeks monetary damages. The clock starts ticking for the statute of limitation on the date when you sustained injuries that were caused by an auto collision. The only exception to the start of the statute of limitations is if you did not discover one or more injuries until a few days passed after the car accident. For example, injuries such as a concussion and whiplash sometimes do not develop symptoms at the time of a vehicle collision.

    If you do not file a civil lawsuit before the expiration of the Florida statute of limitations, you can expect the court clerk processing your lawsuit to remove the lawsuit from the court docket. Four years provide you with more than enough time to build a persuasive case with the help of one of the highly-rated car accident attorneys at Morgan & Morgan. We encourage our clients to act with a sense of urgency when filing a civil lawsuit that seeks monetary damages for two important reasons. First, witness accounts typically are more credible when they are presented close to the accident date. Second, rapidly increasing medical bills can put you in a deep financial hole, which monetary damages can help you avoid.

    Florida Comparative Negligence Rule

    If your case involves the negligence of another party and you did not play a role in causing the car accident, your personal injury attorney presents a straightforward claim to your insurance company, as well as the judge hearing your case. Nonetheless, some car accidents involve the negligence of more than one party, which the State of Florida addresses by following the comparative fault legal doctrine.

    Under the comparative fault doctrine, the judge assigned to your case places part of the blame for causing the car accident on both the defendant and plaintiff. For example, if you failed to signal a change of lane and another party hit you at a speed considerably over the limit, the judge determines how much of the blame you should assume for causing the auto crash. Let’s say the other party that violated the speed limit ended up assuming 75 percent of the blame, while you assume the remaining 25 percent of the blame for causing the vehicle collision. If the judge awards you monetary damages of $40,000, the court subtracts 25 percent of the financial award, leaving you with $30,000 in net monetary damages.

    Florida No-Fault Car Insurance

    Florida has established a no-fault insurance system that applies only to vehicle collisions. If you sustained injuries because of a car accident, your insurance company provides compensation for specified out-of-pocket expenses such as lost wages and medical expenses. No-fault insurance applies regardless of which party assumes blame for causing a vehicle collision. You cannot accuse the other party of causing a car accident unless you suffered serious injuries. A vast majority of auto crash cases involving minor injuries fall under the Florida no-fault car insurance principle.

    Florida defines serious injury as permanent, significant and permanent scarring, or significant and permanent loss of a bodily function. Working with a car accident lawyer in Daytona Beach from Morgan & Morgan can help you better understand the Florida no-fault insurance principle.

  • What Are the Most Common Causes of Car Accidents?

    One of the first items on the agenda during the first meeting with a car accident lawyer in Daytona Beach involves determining the cause of the auto collision. Once your personal injury attorney determines the cause of the crash, you have a vital piece of information to submit with an insurance claim. Understanding the cause of the car accident also strengthens your case if you decide to file a personal injury lawsuit.

    Distracted Driving

    Drivers caught texting while operating a motor vehicle face a fine ranging from $30 to $100 for the first offense. Texting while driving produces no points on a driver’s record as well. The lack of state laws with more significant legal repercussions means many Floridians simply ignore the texting and driving traffic violation. This means distracted driving represents one of the most common causes of car accidents in the Sunshine State.
    Texting and driving is not the only type of distracted driving. Eating a meal, applying makeup, and talking on the phone represent three other frequent violations of Florida traffic statutes. 

    Driving Under the Influence

    Despite media coverage and public service announcements, driving under the influence of drugs and/or alcohol remains a serious problem in Florida. Driving while under the influence of drugs and/or alcohol impairs judgment and considerably reduces reaction times. If you sustained injuries because of the actions taken by a driver under the influence of drugs and/or alcohol, you might have a strong enough case to file a civil lawsuit that seeks monetary damages to cover your financial losses.

    Reckless Driving

    From running red lights to passing another vehicle in a no-passing zone, reckless driving can cause serious, even life-threatening auto accident injuries. The key to proving that a reckless driver caused you harm is to recover any footage that may have been recorded by a traffic camera installed at an intersection or along one of the many busy roads and highways that move through Florida. Another form of reckless driving that can lead to a car accident that produces severe injuries involves one party committing an act of road rage.

    Speeding

    According to a study released in 2018 by the National Highway Traffic Safety Administration (NTHSA), speeding drivers caused more than 25 percent of all fatal car accidents. Speeding makes it difficult for a driver to stop in time if the driver follows too close to another motor vehicle. The faster a car travels, the more significant the resulting impact. Speeding is a dangerous operating maneuver on more than just high-speed highways such as Interstate 95. It also is a major issue on Daytona Beach roads and streets.

    Inclement Weather

    Poor weather conditions can lead to a vehicle collision, and the Sunshine State is home to several weather conditions that can cause harm to both drivers and passengers. Strong thunderstorms that form like clockwork during the summer produce heavy rainfall that can cause drivers to lose control of their vehicles. Hurricane season, which runs from June 1 until November 30, represents the height of thunderstorm season. Hail of any size can cause substantial car damage and coastal flooding in Daytona Beach can force drivers to make poor operating decisions.

  • How Do I Prove Negligence?

    Although Florida is a no-fault car insurance case, you still retain the right to file a civil lawsuit that seeks monetary damages. The car accident lawyer in Daytona Beach, Florida that you hire to handle your case must demonstrate the presence of the four elements that constitute negligence.

    Proving another party committed one or more acts of negligence involves demonstrating the presence of duty, breach of duty, causation, and damages.

    Duty of Care

    The first element to prove is called duty of care, which represents a legal concept in which one party owes a second party a legal duty of care. For example, a physician owes a patient a duty of care not to harm the patient. Operators of motor vehicles also owe a duty of care by driving safely to avoid colliding with and injuring another party. All drivers in Florida must follow the duty of care principle when operating motor vehicles

    Breaching the Duty of Care Doctrine

    Although establishing a duty of care is easy for car accident cases, proving another driver breached the duty of care doctrine can pose several problems for a car accident lawyer in Daytona Beach to address. Your personal injury attorney must gather and organize convincing evidence that the plaintiff violated the duty of care principle. The official police report is a good place to start for collecting evidence, but your legal counsel also will conduct a full investigation with one of the licensed investigators from Morgan & Morgan.

    Causation

    The third element of proving negligence requires your car accident lawyer in Daytona Beach to convince the judge hearing your case that the breach in the duty of care doctrine caused you harm. For example, let’s assume you sustained injuries a couple of weeks ago that were caused by a slip and fall incident. You sustained a mild concussion and a moderate case of whiplash. Fast-forward a couple of weeks and a vehicle hit you on the side of your car while you attempted a legal left-turn. However, the second incident did not cause you harm, which means the driver cannot be held liable for the injuries caused by the slip and fall incident.

    Damages

    The injuries you sustained because of an auto collision must cost you money for the fourth element of proving negligence. Connecting your injuries to financial losses is typically easy to do. All you need are copies of medical bills and the receipt that displays how much you paid to repair your motor vehicle. You cannot expect to win a legal judgment for monetary damages if you cannot show the judge hearing your case that your injuries have generated financial losses.

  • How Long Does a Car Accident Case Take?

    Car insurance companies are notorious for dragging out insurance claims. This is especially true for policyholders that do not have a personal injury attorney providing them with legal support. Another helpful type of legal support provided by a car accident lawyer in Daytona Becah is to monitor the progress of your car insurance claim. Because of our experience dating back to 1988, the personal injury attorneys at Morgan & Morgan have developed positive professional relationships with insurance adjusters working throughout the Sunshine State.

    If you hire one of our personal injury lawyers right after a car accident, you should get a resolution for both your insurance claim and civil lawsuit within two years from the date of the personal injury incident.

  • What is the Settlement Process?

    A car accident lawyer in Daytona Beach provides a wide variety of legal services. One of the most important legal services is negotiating a favorable settlement for Morgan & Morgan clients. Many of our clients do not know they can avoid a costly and time-consuming civil trial by reaching an agreement with the other party.

    The negotiation process represents a series of steps that unfold in a logical order.

    Calculate a Value for a Settlement

    When you meet with an experienced car accident lawyer in Daytona Beach from Morgan & Morgan, you need to bring along every document that verifies how much the auto collision has set you back financially. This includes copies of medical bills, as well as every receipt that demonstrates you paid out-of-pocket for property damage. If a car accident forced you out of work, you should submit copies of documents that prove you lost wages.

    Your car accident attorney also considers non-economic damages, such as pain and suffering. The key is to calculate a reasonable value for a settlement. Otherwise, the lawyer representing the other party will quickly reject your initial offer. Another factor to consider involves how persuasive the evidence is that supports your settlement offer.

    Mail a Demand Letter

    The highly-rated litigator from Morgan & Morgan who handles your case creates a demand letter for both your insurance company and the lawyer representing the other party. Demand letters should include detailed accounts of what transpired before, during, and after a vehicle collision. Your car accident lawyer in Daytona Beach, Florida also submits the value proposed for the settlement, with a section of the letter devoted to how your attorney calculated the value of your offer.

    Mailing a certified demand letter initiates the negotiation process when the other party receives the letter via the United States Postal Service (USPS).

    The Negotiation Process

    The other party either accepts or rejects the initial offer. If the other accepts the settlement offer, both parties draft a document informing the court that you have resolved the car accident case. On the other hand, a rejected initial offer can lead to several rounds of counteroffers. The several rounds of counteroffers can produce an agreement or one of the parties decides to end negotiations and take the case in front of a civil court judge.

    Negotiations can happen at any time during the litigation process. However, the discovery phase represents the most common phase of a civil trial when both parties try to negotiate a favorable settlement. If your attorney negotiates an insurance claim settlement, negotiations typically begin after the insurance company sends you a claim offer.

  • What Should I Consider When Searching for a Car Accident Lawyer in Daytona Beach?

    The aftermath of a car accident often leaves an injured victim unable to tend to matters pertaining to financial issues. By working with an experienced car accident lawyer in Daytona Beach, you leave all the legal matters in the hands of one of our personal injury attorneys while you address the financial losses that are associated with a vehicle collision.

    Now that you understand the value of hiring a personal injury attorney, let’s find out what you should consider before you sign an agreement for legal representation.

    Experience Winning Legal Judgments

    An attorney who promotes the number of years the litigator has worked as a personal injury lawyer is not enough of a reason to hire the litigator. You want to work with a car accident lawyer in Daytona Beach who presents a proven record of success in helping clients receive favorable insurance claims and civil lawsuit settlements.

    At Morgan & Morgan, we have recovered more than $14 billion in monetary damages for our clients since opening our first office back in 1988.

    Handles Your Case from Start to Finish

    Litigating a car accident case is serious business, which means you cannot afford to hire an attorney who shows up for a free case evaluation, only to disappear throughout the rest of the litigation process. Some personal injury lawyers delegate legal responsibilities to less experienced litigators, as well as to paralegals that provide legal support.

    You want to hire a car accident attorney who partners with you every step of the way during a vehicle collision case.

    Specializes in Car Accident Cases

    Another advantage of hiring a Florida-licensed attorney from Morgan & Morgan is you will work with a litigator who specializes in handling car accident cases. With offices located throughout the United States, Morgan & Morgan recruits attorneys who specialize in different types of personal injury cases. For example, we have attorneys who specialize in car accidents, slip and fall, product liability, and premises liability cases.

    Responsive Communicator

    The car accident lawyer in Daytona Beach that you hire will have other cases to litigate while taking care of your car accident case. However, this does not mean the attorney should not promptly respond to your communications. A responsive lawyer returns emails, phone calls, and text messages no more than 24 hours after receiving the messages.

    You want to work with a personal injury attorney who treats your case like it is the most important case on the lawyer’s caseload.

    Positive Reviews

    Read the client feedback left by former clients on sites such as Yelp and Google. When you read the feedback left by our clients, you should notice several common trends such as the mention of the trust that we develop with clients. Morgan & Morgan has received the highest reputation rating of A+ from the Better Business Bureau (BBB) as well.

  • Get Started With a Daytona Beach Car Accident Lawyer

    If you have suffered in a car accident in Daytona Beach due to another party’s negligence, don’t hesitate to reach out to the experts at Morgan & Morgan for a free, no-obligation case evaluation. The sooner you get started, the sooner you can move on with your life. We’re here to help.