Car Accident Lawyer Delray Beach, FL
If you’ve been hurt in a car crash in Delray Beach, you may be dealing with serious injuries and monetary hardships. At Warner & Fitzmartin Personal Injury Lawyers, our Delray Beach, FL car accident lawyer has spent 20+ years fighting for injury victims across Palm Beach County. The aftermath of a car accident can be stressful and insurance companies may attempt to offer unfairly low settlements. We know how Florida’s insurance system works and how to yield maximum payment for our clients and what they have been through. Reach out today for a free consultation.
Why Choose Warner & Fitzmartin Personal Injury Lawyers for Car Accidents in Delray Beach, FL?
20+ Years Handling Florida Car Accident Cases
Aaron Warner is a civil litigation attorney admitted to practice in the State of Florida, the U.S. District Court for the Southern District of Florida, and the U.S. District Court for the Middle District of Florida. He earned his J.D. from the University of Miami School of Law and has been recognized as a Super Lawyers Rising Star since 2019 and by Florida Trend’s Legal Elite.
Elissa Fitzmartin is a trial attorney who graduated Magna Cum Laude from the University of Miami School of Law, where she was a member of Law Review, Moot Court, and the Federal Appellate Clinic. She has been recognized by Best Lawyers as “Ones to Watch” for Plaintiff’s Personal Injury Litigation and named a “Top Lawyer” by the Boca Raton Observer. She currently serves on the Board of Directors of the South Palm Beach County Bar Association.
Together, Attorney Fitzmartin and Attorney Warner bring the kind of courtroom experience and legal depth that makes a difference when an insurer refuses to pay. You can depend on our team to always advocate for your best interests. If you’re looking for a personal injury lawyer in Delray Beach, FL who can take cases to trial and win, you can depend on us to work hard for you and protect your right to fair compensation.
Results We Are Proud Of
Our firm has helped clients recover millions of dollars through verdicts and settlements in Delray Beach and across Palm Beach County. Both attorneys Warner and Fitzmartin are members of the Million Dollar Advocates Forum, which is reserved for attorneys who have obtained verdicts or settlements of $1,000,000 or more.
No Fees Unless We Win
We handle car accident cases on a contingency fee basis. This means you pay nothing upfront, and there is no hourly billing or retainer. Our fee comes out of the settlement or verdict if and when we recover for you. If there is no recovery, there is no fee. We believe this structure enables people to get legal assistance without the added burden of another immediate expense.
What Our Clients Say
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“I had an excellent experience working with Elissa after my car accident. From the very beginning, she was informative, professional, responsive, and genuinely cared about my care and my case. She explained everything clearly, kept me informed throughout the process, and handled all communication with the insurance companies so I didn’t have to stress. Thanks to her hard work and dedication, my case was resolved successfully. I highly recommend her to anyone who needs a knowledgeable and trustworthy personal injury attorney.” — Lynn Kelley
Read more reviews on our Google Business Profile.
Types of Car Accident Cases We Handle in Delray Beach
Car accidents happen in all kinds of situations. Not every case looks the same, and the circumstances surrounding your accident affect how liability is established and what compensation you may be entitled to.
- Rear-end collisions. These are among the most common crashes on Delray Beach roads. Even at lower speeds, they can cause serious neck and back injuries that worsen over time if not treated. Florida’s no-fault rules still apply, but significant injuries open the door to a claim against the at-fault driver.
- T-bone accidents. Collisions at intersections from a side-impact frequently result in severe injuries, as the door provides little structural protection against impact. Determining fault often requires witness accounts, traffic camera footage, and an analysis of which driver had the right of way.
- Truck accidents. Crashes involving commercial vehicles are more complicated. Federal regulations, trucking company insurance policies, and multiple potentially liable parties are all a factor.
- Motorcycle accidents. Riders face a higher risk of serious injury in any collision. Bias from adjusters is real, and we know how to counter it by strategically protecting our client’s position from the start.
- Pedestrian accidents. When a vehicle hits someone on foot, the injuries sustained are often catastrophic. Florida law safeguards pedestrians, but proving that a driver was being negligent requires careful documentation.
- Wrongful death. When a crash takes a life, the surviving family member may be entitled to compensation for medical expenses, funeral costs, lost financial support, and the loss of companionship. These cases require sensitive and compassionate handling due to the nature of the loss.
- Bicycle accidents. Cyclists struck by vehicles have the same right to pursue compensation as any other crash victim. We handle claims involving driver negligence, unsafe road conditions, and failures to yield.
- Uber accidents. Rideshare crashes involve multiple insurance layers. Whether you were a passenger, another driver, or a pedestrian, we work through the coverage questions so you don’t have to.
Delray Beach Car Accident Infographic
Florida Legal Requirements for Car Accident Cases
Florida operates under a no-fault insurance system, which means that after a car accident, you first turn to your own Personal Injury Protection (PIP) coverage for medical expenses, regardless of who caused the crash. Under Florida Statute § 627.736, drivers are required to carry a minimum of $10,000 in PIP coverage. That coverage pays 80% of reasonable medical expenses and 60% of lost wages up to the policy limit.
However, Personal Injury Protection (PIP) insurance coverage has limits. To step outside of the no-fault system and directly sue the at-fault driver, your condition must meet Florida’s injury threshold. Under Florida Statute § 627.737, that means the accident must have caused you significant and permanent loss of an essential bodily function, permanent injury within reasonable medical probability, and permanent scarring or disfigurement, or death.
Florida also follows a modified comparative negligence standard under Florida Statute § 768.81, as amended in 2023. Under this rule, if you are found to be more than 50% at fault for a crash, you cannot recover damages. If you are 50% or less at fault, your recovery is reduced proportionally. This change makes it more important than ever to have an attorney who can build a strong liability case.
Finally, the statute of limitations for car accident injury claims in Florida is two years from the date of the crash under Florida Statute § 95.11. Waiting too long can permanently bar your claim, so we advise letting us begin building your claim now.
What Damages Are Recoverable in a Delray Beach Car Accident Case?
Florida law allows accident victims to pursue several categories of compensation, depending on the nature and severity of their injuries.
Economic damages are the measurable financial losses you’ve suffered. These include your medical expenses currently and into the future, hospitalization, physical therapy, and rehabilitation. Ultimately, any costs related to the accident and/or your injuries can be repaid back through an economic damages award. These amounts can add up fast, especially in serious crashes involving surgery, ongoing treatment, or long recovery periods.
Non-economic damages are harder to quantify but are equally real. Pain and suffering, loss of enjoyment of activities you could do before the accident, and emotional distress or trauma, all fall into this category. Florida does not cap non-economic damages in car accident cases, which means the value of these claims can be substantial depending on the impact of your injuries on your daily life.
Insurers routinely undervalue both economic and non-economic damages. They may look at your medical records for gaps in treatment, inconsistencies in what you reported, and any prior injuries they can use to reduce what they owe you. Understanding how insurance companies calculate pain and suffering is something we can discuss in further detail with you over a consultation appointment.
Punitive damages are available in limited circumstances. Under Florida Statute § 768.72, they require clear and convincing evidence of intentional misconduct or gross negligence. Drunk driving cases are among the situations where punitive damages may apply, and our attorneys know how to investigate and plead those claims properly.
Contact Warner & Fitzmartin Personal Injury Lawyers
If you were injured in a car accident in Delray Beach, FL, please do not wait to get legal advice. At Warner & Fitzmartin Personal Injury Lawyers, we offer free consultations and handle car accident cases on a contingency fee basis. That means there are no fees unless we win. Contact us to talk us through what happened and then we can advise what steps to take next.