Negligent Security Lawyer in Daytona Beach444 Seabreeze Boulevard, Suite 100
Daytona Beach, FL 32118
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Negligent Security Lawyer in Daytona Beach
When you think of Daytona Beach, two nationally renowned events might pop into your head: spring break and the Daytona 500. The Florida tourist destination attracts more than nine million visitors each year. Restaurants and nightclubs remain full throughout the year, as well as the dozens of boutique shops that sell everything from boogie boards to stylish beachwear. Although business is booming in Daytona Beach, business owners and operators must be concerned about one thing.
Business owners and operators have the legal responsibility to protect customers and employees from getting hurt because of negligent security.
As a form of personal injury law, negligent security represents a practice that places the burden of protecting customers and employees on the shoulders of business owners and operators. When you visit a venue that is open to the public, you expect the owner and operator of the venue to ensure your safety at all times. With all the traffic coming in and out of Daytona Beach, the city is a prime target for criminals that prey on vulnerable victims. From credit card theft at a gas station to a fight that breaks out at a nightclub, business owners and operators must take steps to enhance the safety of customers and employees.
If you sustained injuries and/or financial losses as a result of a negligent security incident that happened at a business, you might have a strong enough case to file a civil lawsuit that seeks monetary damages. A negligent security lawyer in Daytona Beach conducts a thorough investigation to gather and organize persuasive physical evidence such as the footage captured from a security camera. Witness accounts of the incident can provide legal support that demonstrates the four elements of negligence your attorney needs to take legal action.
Since 1988, Morgan and Morgan has represented clients for personal injury cases, including cases involving one or more acts of negligent security. After we conduct a comprehensive investigation, the attorney assigned to your case presents your legal options before you decide how to proceed with your case. Over the course of more than 30 years, our esteemed team of personal injury attorneys has recovered more than $14 billion in monetary damages for our clients. The compensation awarded to our clients has come in the form of monetary damages and the value of negotiated settlements.
Learn more about the strength of your case by scheduling a free case evaluation today with a negligent security lawyer in Daytona Beach from Morgan and Morgan.
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What Are the Most Common Causes of Negligent Security?
To prove a case of negligent security, the personal injury lawyer that you hire from Morgan and Morgan must demonstrate what caused an act of negligence to compromise your safety.
Lack of Anti-Skimming Technology
As criminals have become more brazen, the technology used to skim credit card readers at businesses such as convenience stores has become much more sophisticated. Business owners and operators owe customers a duty of care to prevent thieves from skimming credit card information in as few as just a couple of seconds. Although customers should take steps like paying for products inside, business owners and operators that pump gas must take measures to make it impossible for a skimmer to read credit card information.
This requires an investment in anti-skimming technology that at the least, deters criminals from targeting certain credit card readers.
Criminals love to prey on victims in poorly-lit areas. From inadequate illumination covering the area of a parking lot to a lack of security lighting blanketing the area at the exit of a nightclub, poor lighting encourages criminals to conduct unlawful acts that cause customers harm. A poorly-lit parking lot also poses a security threat to employees that leave their workplaces at night after a shift. Business owners and operators in Daytona Beach owe both customers and employees a duty of care to provide sufficient lighting to deter criminals from committing non-violent acts such as theft and violent acts like armed robbery.
Lack of Security Staff
Many nightclubs deal with a lack of security staff, especially post-pandemic when there is an acute shortage of labor in virtually every type of business operating in the hospitality industry. Businesses requiring security, including bars and nightclubs, owe customers and employees a duty of care to staff the right amount of positions. Just one hole in the security staff at a nightclub can lead to a criminal committing a violent or non-violent crime that causes harm to a customer.
Poorly trained security staff is another common cause of negligent security in Daytona Beach, Florida.
How Much Time Do I Have to File a Negligent Security Lawsuit in Florida?
As one of the types of personal injury cases, filing a civil lawsuit for a negligent security case requires you to submit the proper paperwork before the expiration of the statute of limitations. Each state establishes a deadline for filing a personal injury lawsuit that seeks monetary damages. Most states have set the deadline between two and four years, although a few states go as long as six years and as short as one year. Florida has established a deadline for filing a negligent security lawsuit at two years. The clock starts ticking on the statute of limitations in Florida on the day when the negligent security incident took place.
Two years can come and go faster than you expect to build a compelling case based on the submission of physical evidence. That’s why it’s important to get started immediately. The negligent security lawyer in Daytona Beach from Morgan and Morgan should encourage you to file a civil lawsuit long before the expiration of the statute of limitations. First, you need to take care of rapidly rising medical bills if you sustained one or more injuries during a negligent security incident. Second, your lawyer wants to speak with witnesses as close to the day of the negligent security incident as possible. If you do not file a civil lawsuit for negligent security before the deadline imposed by Florida state law, you can expect the court clerk processing the lawsuit to dismiss it.
Can I Settle a Negligent Security Lawsuit Out of Court?
Most personal injury lawsuits do not reach the trial phase of the litigation process. Going through a trial is both costly and time-consuming, as well as a trial presents the factor of the unknown. Working out a settlement eliminates fearing that a trial might not go in your favor.
Your negligent security lawyer in Daytona Beach has several opportunities to negotiate a settlement. You might meet with the other party’s attorney before filing a civil lawsuit. Another popular point during the litigation process when you can reach a favorable settlement occurs during the discovery phase. The discovery phase allows both parties to examine the evidence and read the witness statements gathered by the other party.
If your negligent security lawyer agrees to negotiate a settlement, you can expect to go through three main steps.
Calculate a Fair Value for Compensation
When you meet with a negligent security lawyer in Daytona Beach from Morgan and Morgan, you should bring to the meeting copies of medical bills, as well as any receipts that show the value of property damages. If you missed work because of an act of negligent security, you also should hand over copies of bank and timekeeping records. Your attorney calculates the value of economic damages before determining the value of non-economic damages.
Non-economic damages play a significant role in determining the value of a settlement. Victims of crimes, especially violent ones, suffer from acute mental and emotional distress issues that make a negative impact on their lives. Some of the negative emotions experienced by crime victims include fear, anger, and anxiety. Your negligent security lawyer in Daytona Beach calculates a value for non-economic damages by using a formula that factors in the value of economic damages.
Send a Demand Letter to the Defendant’s Attorney
The second step on the road to reaching a favorable settlement involves sending the other party’s attorney a formal demand letter. A demand letter should include the value of the compensation sought by you, as well as how your attorney calculated the reasonable value for damages. Your lawyer also presents a detailed description of what transpired before, during, and after the negligent security incident. Although you do not have to include evidence in a demand letter, a brief description of each type of evidence helps the defendant’s lawyer determine the strength of your case.
Sending the demand letter by certified mail verifies the other party’s attorney received the letter.
Try to Negotiate a Favorable Settlement
After receiving the demand letter, the other party’s lawyer can accept the offer to negotiate a settlement or bypass negotiations and instead, take the case to trial. The defendant’s attorney can either accept, reject, or send back a counteroffer to your attorney’s original offer. Your lawyer decides whether to accept, reject, or make a counteroffer for the proposed settlement value. Several rounds of counteroffers can take place until both parties agree to a settlement or decide to take the case to the trial phase of the litigation process.
What Makes Morgan and Morgan Stand Out Among the Competition?
At Morgan and Morgan, we understand you have several choices when it comes to choosing a negligent security lawyer in Daytona Beach. Our law firm stands out for several reasons to help you make the right decision when the time comes to choose the best legal counsel.
Our more than 30 years of experience represent the foundation of our practice. We have helped clients fight back against businesses that have a considerable amount of resources to contest the allegations made in a civil lawsuit. From testimonials to online reviews, our clients praise our proven record of success in getting clients the compensation that they deserve.
When you hire a negligent security lawyer in Daytona Beach from Morgan and Morgan, you can expect to work with the same highly-rated litigator from the day of the free case evaluation to the day when we resolve your case. Many law firms assign a lawyer to a case, only for the attorney to disappear from the remainder of the litigation process. Litigating a negligent security case is much too important for a paralegal and/or less experienced attorney to handle the critical phases of the process.
Learn more about how to win a negligent security lawsuit by scheduling a free case evaluation with one of the accomplished attorneys at Morgan and Morgan.