Car Accident Attorney in Daytona Beach

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 only two 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.

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.

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.

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.

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.

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.

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.