Sitting on the central-eastern coast of Florida, New Smyrna Beach draws visitors for a range of outdoor activities, from sailing to golfing, and it’s known as one of the top surf towns in the state. However, New Smyrna’s popularity and car dependence cause many car accidents as well. In 2023, Volusia County, where New Smyrna Beach is located, reported 9,212 crashes, which sadly caused 6,231 injuries and 111 deaths.
Victims in New Smyrna Beach can file a car accident claim to help them cover crash-related expenses like medical bills and get compensation for their losses. The right legal team can mean the difference between fair compensation and a failed claim. Read on to learn more about filing a claim in New Smyrna Beach and how a local lawyer can help.
The Car Accident Claim-Filing Process
Generally, filing an auto accident claim in New Smyrna Beach involves the following steps.
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- Document injuries and damages: Take pictures at the scene of the crash, capturing vehicle damage, your injuries, and the accident scene as a whole.
- File a police report: Call the cops immediately, especially if the accident is major. The police will assess the situation and file a report that you can use as evidence in your claim later.
- Notify your insurance company: Call your insurance company and inform them that you were involved in an accident as soon as you’re able to.
- Gather evidence: Photos, your police report, medical bills, and other evidence are vital to making a strong case. Keep digital copies and store physical evidence somewhere safe.
- Seek legal advice: Reach out to a car accident lawyer soon after your accident by scheduling a free case review. This review of your case will help you determine your next steps and whether you should hire a lawyer.
The Importance of Hiring a Car Accident Lawyer
Hiring a New Smyrna Beach car accident lawyer can prove invaluable in helping you through a challenging time in your life when the last thing you may want to do is deal with a complicated legal process.
Hiring an experienced car accident lawyer can help you:
- Navigate complex legal issues
- Maximize compensation
- Negotiate to lower medical bills
- Reduce stress
- Protect your legal rights
Florin|Roebig is a respected, knowledgeable firm dedicated to helping its clients find success in their car accident claims. If you’re struggling to understand the process, reach out to one of their legal experts by scheduling a free case evaluation today.
State Laws For Car Accident Cases
New Smyrna Beach follows Florida and Volusia County laws, which can factor into your car accident case in many ways.
Traffic Laws
Board-certified civil trial attorney Shaun M. Cummings explains, “State and local traffic laws in New Smyrna Beach and Volusia County are central to helping police, insurers, and the courts determine who’s responsible for a car accident. Witnesses, cameras, and other methods can help confirm that a driver ran a red light, didn’t yield the right of way, or was going over the speed limit when the crash happened.”
Insurance Coverage Requirements
All Florida-registered vehicles must have the following car insurance coverage:
- Personal Injury Protection (PIP): PIP covers 80% (up to $10,000) of all “necessary and reasonable” medical expenses for an injury covered under the plan.
- Personal Damage Liability (PDL): PDL covers $10,000 of another driver’s vehicle or property damage in an accident if you’re at fault.
The No-fault System
Under Florida’s no-fault system, all state-registered vehicles must be covered by certain insurance policies. In the case of an accident, people must turn to their own insurance company (a first-party insurance claim) to get covered for their injuries.
However, it is possible to file a claim against another party’s insurance company (a third-party claim). This commonly happens when you want compensation for vehicle damage from an at-fault party or if that party badly injured you.
Third-party car accident claims require injuries that cause at least one of the following:
- Severe and permanent loss of an important bodily function
- Permanent injury
- Severe and permanent scarring or disfigurement
- Death
Legal Remedies Available To Accident Victims
New Smyrna Beach car accident victims can seek compensation in a few ways.
- First-party personal injury claims: These claims from your own insurance company generally get you quick coverage for medical expenses, but the amount is usually limited to a fairly small amount and you may need to seek treatment within 14 days to use it.
- Third-party personal injury claims: These claims filed against another party’s insurance company can result in much more compensation for a wider range of losses (such as pain and suffering), but they take longer and are often hard to receive.
- Personal injury lawsuits: If you can’t reach an agreement with an at-fault driver’s insurer, you may need to file a lawsuit with the Volusia County court. Most insurers will come up with a fair settlement amount to avoid going to court. However, some lawsuits may lead to a trial, which is decided by a jury or judge.
Fault In Car Accidents
In Florida, fault is the determination that someone’s actions directly caused an accident. Negligence, or the failure to take proper care, often plays a role in determining fault in car accidents. Your attorney will help you figure out if you, another party, or both parties committed negligence and are partially or completely at fault in your case.
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Liability In Car Accident Cases
While fault determines who caused the accident, liability describes who’s legally responsible for compensating an injured party.
Car accident cases in New Smyrna Beach may use the following to help determine liability:
- Negligence: Evidence of negligence usually leads to being assigned at least partial fault in a crash, which often means at least some liability.
- Strict liability: Strict liability usually comes into place when a car crash happens or is made worse because of some defect in the vehicle, like a faulty steering wheel or seat belt. In such cases, the manufacturer may have to compensate the victim even if there was no negligence or harmful intent on the manufacturer’s part.
- Vicarious liability: Vicarious liability is when one party must pay compensation because of someone else’s actions. In car accident cases, this often happens when an on-the-job employee is at fault for an accident and their employer is held liable.
Consideration Of Negligence, Degree Of Fault
Florida is a modified comparative fault state as of March 24, 2023. This means that both the victim and the other party can share legal fault for an accident. Your degree of fault or contribution to the accident will lessen your compensation amount, and if you’re more than 50% at fault, you can’t receive compensation at all.
“Insurers and courts will usually look for evidence of negligence to assign someone’s degree of fault. For example, they might determine you’re 15% at fault for failing to signal before a turn. That would mean you’d collect 85% of the damages you’re awarded,” says attorney Shaun Cummings.
Determining your percentage of fault in an accident may require the help of car accident attorneys who can review the details of your case. Even if you are partially at fault, you may still be owed compensation.
Ways The Accident Can Impact Your Life
Car accidents can lead to a host of struggles, many of which can be hard to imagine until you or a loved one are experiencing them.
Some common struggles after a car accident include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of intimacy with a spouse or partner
- Permanent disability or disfigurement
- Death of a loved one
Car accident resources in New Smyrna Beach may include:
- Emergency services
- Medical care providers
- Insurance companies
- Therapy and support groups for accident survivors
- Victim advocacy services
- Government agencies
- Nonprofit community safety organizations
- Car accident attorneys
Many serious injuries can completely disrupt a person’s lifestyle. If you suffered physical and emotional pain from an accident caused by someone else, or you can no longer work or enjoy activities you once enjoyed because of the crash, you deserve compensation. The lawyers at Florin|Roebig are here to help you understand your options and seek compensation to help you heal. Reach out today for a free case evaluation.
What To Do After A Car Accident
Car accidents—especially severe car accidents—can be confusing, scary, and even life-threatening. You may not be able to take action at the scene of the accident because your and your loved one’s health needs to come first. However, if you are able, follow these best practices to give yourself the best chance of filing a successful claim.
After a car accident in New Smyrna Beach:
- Check for injuries: If you’re injured, seek medical attention as soon as possible. Doing so will help you get the best recovery outcome and provide records of your injuries.
- Contact law enforcement: The police can help determine fault and provide a crash report.
- Gather information: Collect witness contact information at the crash site if you can.
- Document the accident scene: Take pictures at the scene to use as evidence.
How Florin|Roebig Can Help With Your Car Accident Claim
Boasting a comprehensive understanding of Florida’s auto accident laws, Florin|Roebig’s triple board-certified attorneys have consistently demonstrated success in handling a diverse range of cases. When you choose Florin|Roebig, you can rest assured that your case is in the hands of accomplished professionals, fiercely advocating for your best interests and relentlessly pursuing the most favorable outcome for you.
Florin Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
Florin|Roebig has been fighting on behalf of car accident victims in New Smyrna Beach and across Florida for over 30 years and has won an average of over $1 million in compensation per case for its clients.
Frequently Asked Questions
How long does a car accident lawsuit take in Florida?
The length of a car accident lawsuit can vary tremendously but usually ranges from a few weeks to several months. Straightforward cases with few damages and clear evidence are usually resolved faster than more complex cases where both parties may be negligent, evidence is less available, or there was a great deal of harm caused.
How much does an attorney charge for a car accident in Florida?
Most car accident attorneys charge between 25% and 40% of your compensation. If you don’t win any compensation, you won’t be charged.
Should I hire an attorney after a car accident in Florida?
It’s usually a great idea to hire an attorney to maximize your compensation amount and make the process much easier. Contact a law firm for a free consultation to explore whether hiring an attorney makes sense for you.
List Of Car Accident Attorneys Serving New Smyrna Beach
The right help after a car accident starts with finding the right attorney. Florin|Roebig has a team of car accident lawyers in New Smyrna Beach who are ready to assist you in filing your case. They are attentive and tenacious legal professionals who will stand with you through every step of the process.
Our car accident lawyers serving clients in New Smyrna Beach include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- John J. Hart
- Shaun M. Cummings
We Are Nationally Awarded Lawyers
How to Get Help from Florin|Roebig Attorneys
If you are interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7
- For more information regarding our services and free consultations, you can email us at [email protected]
- Or you can reach us at an office near you below.
Jacksonville Office
1506 Prudential Drive
Jacksonville, Florida 32207
Florin|Roebig has a team of car accident attorneys who have helped people across the state of Florida recover millions of dollars in damages. If you’re struggling in the aftermath of a car crash, our team is here to help you seek fair and just compensation.
When you partner with Florin|Roebig for your car accident claim in New Smyrna Beach, you benefit from experienced, knowledgeable legal professionals. We’ll be with you for the entire process.
Reach out to Florin|Roebig today for a free case evaluation to discuss your claim with our skilled car accident attorneys.
