Tampa Car Accidents
Being the victim of a car accident can mean a lot of things. Injuries can require hospitalization, surgery, and post-surgery rehab. A crash can make you miss time from work or damage your vehicle beyond repair. When situations like these occur, you deserve an experienced attorney who can represent your interests fairly.
In Florida, vehicle owners are required to purchase protection which, in the event of a crash, will cover the cost of damages to a certain extent.
Unfortunately, Personal Injury Protection (PIP) may also limit your ability to take legal action, so it’s important to contact an experienced lawyer immediately following a crash, especially if you have suffered a severe or disabling injury.
Were you or a loved one severely injured in an accident? If so, you may be entitled to compensation. To learn more about your rights, please complete our free case review form today.
Our Process
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Documentation
First, your assigned legal team will gather records related to your claim, including medical records, medical bills, and insurance policy information.
These documents will help your attorney understand the extent of your injury, and build your case for compensation.
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Investigation
Your attorney and legal staff will investigate your accident in great detail to gather the necessary evidence.
They may look at dashcam footage, security camera footage, police records, and more to help build your case.
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Negotiation
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible form.
Reviews
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They really care, know what they are doing and treat you as though you are their only client!
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Insurance Offer$200,000
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What we got
$1,200,000
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Made this difficult legal matter as painless as possible and helped lead us to victory.
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Insurance Offer$60,000
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What we got
$1,050,000
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Outstanding firm that has their clients interest at heart.
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Insurance Offer$200,000
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What we got
$3,500,000
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They really set the bar high...I highly recommend.
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Insurance Offer$5,000
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What we got
$2,000,000
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They made everything hassle free, which is exactly what I needed in my busy life.
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Insurance Offer$5,000
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What we got
$367,000
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Helped me every step of the way!
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Insurance Offer$100,000
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What we got
$2,602,150
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FAQs
What if My Initial Claim is Denied or Inadequate?
Before filing an insurance dispute claim or negotiating with the
insurance company, your attorney will gather evidence, including:
- Reviewing medical records from treatment you received after the crash
- Reviewing police reports, crime scene reports, and photographs of the scene
- Interviewing witnesses
- Using traffic camera footage, if available
- Investigating the history of the other driver
- Obtaining a recording of the 911 call
- Examining photos of your car before and after the accident
- Reviewing cell phone records
- Reviewing specific information and history on the vehicles involved
Morgan & Morgan will use this information to create a claim that shows the
other driver was at-fault and is therefore responsible
for your losses. Insurance companies will want to limit their payout
and, in many cases, will offer an amount that does not adequately cover
your losses.
If this is the case, your attorney will negotiate with the
insurance company on your behalf. If negotiations are unsuccessful, you may be able to collect compensation
by filing a lawsuit against the insurance company and other parties
involved in the crash.
What You Need to Know about PIP
If you do not seek medical treatment within fourteen days, PIP generally will not cover any of your medical bills. If you
have suffered an “emergency medical condition,” PIP will generally pay
for 80% of your medical expenses and 60% of lost wages, subject to the
limitations of the policy.
If you have not suffered an emergency medical condition, your PIP benefits are generally capped at $2,500.
An emergency medical condition is defined as a medical condition that
requires immediate medical attention and could reasonably be expected to
result in serious jeopardy to the patient’s health.
Your Right to Sue
Our lawyers may be able to
help you file a lawsuit against the at-fault driver. You must have suffered serious and permanent injuries
to be eligible to file a claim, including:
- Traumatic brain injuries
- Back and spinal cord injuries
- Paralysis
- Disfigurement or permanent scarring
- Amputations
- Broken bones
The insurance company may attempt to categorize your injuries as
temporary and non-serious in nature. The collection of this supporting evidence will help establish that your injuries are
serious enough to qualify you for additional compensation through a
lawsuit.
Tampa Car Crash Lawsuits
Injuries: Automobile wrecks can cause death or cause serious and
life-threatening injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Back injuries
- Disfigurement
- Amputations
- Paralysis
Negligence: To successfully recover compensation under the premise that the other driver, or another party, was negligent, your attorney must prove:
- The other party had some duty of care or responsibility to you
- That party breached this duty through some act or omission
- You sustained an injury
Negligence may refer to:
- Reckless driving (road rage, failure to yield, speeding, tailgating, failure to signal turns, weaving)
- Driving under the influence of drugs, alcohol
- Careless driving (running a red light, speeding, cell phone use while driving)
- Allowing an unfit individual to drive an automobile (under the influence, historically reckless driver, unlicensed minor, senior citizen)
Strict Liability: Strict liability is one applicable cause of action
under which product liability suits may be pursued. Under this theory,
the injured party must prove a defect in an automobile exists, and this
defect caused their injury. If a defect exists, the manufacturer may be
liable for any resulting damages, regardless of whether they exercised
extreme caution in production. Individuals who purchase used cars and
are involved in a crash are not eligible to pursue product liability
claims.
Negligence: As with all negligence cases, the injured party must
prove that the manufacturer had a duty to sell a safe product to
consumers, this duty was breached as a result of knowledge of the
defect, and that the product caused the injury.
Causes of Auto Accidents
Morgan & Morgan’s car crash lawyers handle claims stemming from:
- Distracted driving (texting, putting on makeup, rubbernecking, eating, and failing to pay proper attention to road hazard)
- Fatigued driving
- Impaired driving (driving under the influence of alcohol, prescription drugs, or narcotics)
- Reckless or aggressive driving (speeding, unsafely switching lanes, tailgating, failure to yield, street racing, failing to signal, driving in the wrong direction, and road rage)
- Defective auto parts (faulty brakes, tires, steering, suspension, and safety equipment)
- Unmaintained automobiles (Improperly secured materials, bad brakes, broken signal lights, non-functional headlight, and broken or unsecured engine parts)
- Roadway design (low hazard visibility, traffic flow, unmaintained road surfaces, improper striping, defective traffic control devices, and an insufficient shoulder)
- Road conditions (poor maintenance, roadway debris, faulty signage, construction, and large unfixed potholes)
Pedestrian and Bicycle Accidents
Pedestrian Accidents: Tampa is the second most dangerous major metro
area for pedestrians in the country, according to a report by
Transportation for America. Given the vulnerability of walkers and
runners on the open road, pedestrians are are risk for
serious and debilitating injuries.
Bicycle Wrecks: By law, bicyclists have the same rights and
responsibilities as drivers; however, in some cases, drivers may
disregard their duty to operate their vehicles with reasonable care,
putting bicyclists at risk for serious injury. Bicycle crashes may be
caused by motorists who fail to yield right-of-way to a cyclist, turn
into a bicyclist’s path, or try to overtake cyclists by not allowing the
proper amount of space between the car and the bicycle.
Some states have created specific protections for bicyclists. For
example, Florida’s “three-foot law,” requires passing motorists to leave
at least three feet between their vehicle and a cyclist. If a biker is
injured due to the negligence of a motorist or individual, they may be
able to recover compensation through a lawsuit.
Who Can I Sue?
A victim may be able to file a third-party claim if a party
aside from the other driver contributed to the accident. In some cases,
an individual can seek damages from the manufacturer if a defective or flawed
vehicle component caused a crash.
Additionally, if the at-fault party was acting under their scope of employment, their employer may be liable for damages. Furthermore, victims may also file suit against a
government agency or transportation authority if factors such as a
poorly maintained roadway, improper signage, or irresponsible highway
construction contributed to a crash.
How Much is My Case Worth?
The law allows victims and their families the opportunity to seek
compensation for damages, including:
Medical Bills: This can include current and future expenses
including hospital costs, rehabilitation, transport, and medication.
Lost Wages: Compensation for the lost wages the injured party would have earned.
Future Lost Wages: If the injured party can
never return to work, or must miss work for a significant amount of
time, they may be entitled to wages they would have earned.
Pain and Suffering: This can include coverage for treatment of
depression, anxiety, fear, and other mental injuries causing distress or
mental anguish.
Loss of Consortium: If the injury negatively alters the relations of
a couple, compensation for loss of intimacy or support may be available
to the aggrieved party.
Funeral Costs: If a family loses a loved one in an accident, they
may be able to recover some of the damages listed above, as well as
funeral costs and death-related expenses.
Settlements We've Won
Here are just a few car crash cases that Morgan & Morgan, with its
track record of results has won in the Tampa area.
- $5.2 million settlement after a rollover caused a cervical injury, rendering the client paraplegic.
- $1.3 million settlement for a 45-year-old woman who collided with a commercial truck and sustained shoulder injuries that required multiple surgeries.
- $362,000 settlement after the victim of an crash suffered cervical herniations, cervical fractures, and a lumbar fracture.
- $292,587 settlement for a client who suffered herniations of the neck and the lower back.
- $210,000 settlement after an accident left a 46-year-old woman with severe neck and back injuries, leading to a spinal fusion.
- $150,000 settlement for our client who, after suffering herniations in his upper back after being struck by a vehicle, was unable to return to work for a period of time.
If you or a loved one was in an accident and sustained a severe
injury, you may be entitled to compensation beyond that which is
provided by your PIP coverage.