Fort Myers Car Accident Lawyer

If you or a loved one was involved in an accident in Fort Myers, it’s essential to contact experienced  Fort Myers car accident lawyers who have extensive experience handling car accident cases. In addition, they can help you get the compensation you deserve for your injuries.

We at the Berke Law Firm, PA, understand how challenging and complex it may be for the victim to handle the legal complications and take care of their injuries. Therefore, we take the legal burden on ourselves to make our clients comfortable. We negotiate with insurance companies by understanding their tactics. Organize your free consultations and explore your different legal options.

Common Causes of Fort Myers Car Accidents

Negligent parties must know they must compensate the victim who sustained injuries due to their carelessness. Fatal car accidents in Fort Myers may happen due to several reasons that may be preventable.

Therefore, injured victims must know that they are not responsible for someone else’s mistakes. Car accidents may occur due to several causes. However, some of them can be preventable by following traffic rules and regulations.

Some of the negligent behaviors of drivers may include:

  1. Speeding: Most times, drivers are in a hurry to reach their destination. Due to this, they drive speedily, leading to severe accidents. It puts their life in danger, along with the lives of others on the road.
  2. Drowsy driving: Drivers who drive without rest may commit accidents due to slow reaction times and impaired senses that may impact vision and spatial perception. Therefore, drivers must sleep appropriately before driving.
  3. Impaired driving: Although driving under the influence is prohibited. However, usually on the weekends, people are involved in parties and have drinks. After then, they drive under the influence of alcohol, leading to deadly accidents.
  4. Distracted driving: Distracted driving refers to anything that may compel you to take your hands off the wheel, or your focus may be diverted. Some examples of distracted driving may be daydreaming, texting while driving, personal grooming, and others.
  5. Tailgating: Drivers who are impatient or are in a hurry to reach somewhere may commit accidents. Driving instructors always suggest that drivers to keep appropriate spacing between the vehicles. The impact of tailgating may result in rear-end collisions.
  6. Accelerating through yellow lights: Some drivers begin to speed up when they see a yellow signal. However, they do not wait, that lead to serious car accidents. Therefore, it is advisable that drivers must patiently wait for the lights to turn green and then move their vehicles.  

Some drivers may accelerate when there are yellow lights causing collisions. These violations may lead to a severe Fort Myers car crash and injuries that may be life-threatening for the victims.

Types of Car Accident Injuries

Whether it is a minor fender bender or a major car accident, injuries may change your lifestyle completely. Some of the fundamental injury types that victims may experience are:Fort Myers Car Accident Lawyer

  • Broken Bones: Whether it is a minor or significant accident, broken bones can cause enormous physical pain. The impact of an accident, such as speed, force, and weight, will define the severity of the broken bones. 
  • Burns, Lacerations, & Scarring: Burns and lacerations are caused when two vehicles collide and can cause permanent scarring. Sometimes, the degree of burns may be high due to the speed with which the vehicles collide.
  • Head and Neck Trauma: The severity of the traumatic brain injury can be a minor concussion or even a serious injury. Surgeries and therapies may sometimes be required when the brain’s functioning gets affected.
  • Back and Spinal Cord Trauma: One of the outcomes of a car accident is spinal cord injuries. These may comprise sprains, ruptures discs, thoracic spine, and other injuries.
  • Permanent Disability or Paralysis: Paralysis or permanent disabilities may be challenging for the victim. Paraplegia is paralysis in the waist area, and paraparesis refers to loss of sensory or mobility. Sometimes, people may suffer from quadriplegia, causing paralysis in the legs and arms.
  • Wrongful Death: When an individual gets killed in a car crash due to someone else’s negligence, it is wrongful death. The family members may seek compensation for their losses, including funeral and other damages.

Injured victims can suffer from catastrophic injuries such as polytrauma, auditory impairment, internal bleeding, soft tissue damage, and emotional trauma. A Fort Myers Car Accident Attorney may help you how to proceed if you have been injured due to someone else’s negligence.

What to Do After a Fort Myers Car Accident

Car accidents may transform your life completely. The financial and emotional trauma will further add to your problems. Therefore, it is crucial to know what your steps should be after facing an accident.

6 essential actions that must be taken after a car collision are:

  • Contact a doctor: The first thing you need to do is contact a doctor. A car accident can cause serious health issues. Before you do anything else, your first and foremost consideration should be your health and the health of others involved.  
  • Get out of the vehicle: If you are not seriously injured or maimed, try to safely get the vehicle away from any moving traffic. Remember to turn on the hazard lights if they are still operable.
  • Report the incident to the police: After an unfortunate accident, be sure that you inform the police. Police, under most circumstances, will arrive to investigate the case and file an official report that may include their opinion of who is liable for the accident. 
  • Do collect data: Document everything you can relate to the accident. Get the name, address, phone number, and email contact of anyone who witnessed the accident, especially the other car’s driver. This step is essential, especially when filing a claim against another party at fault.
  • Exchange Information: You must exchange information with another driver by collecting their contact number and vehicle information.
  • Consult an accident lawyer: If you find negotiating with the insurance adjusters challenging after sustaining injuries, consult an experienced car accident lawyer. They will let you know about your different legal options.

How Much Does A Fort Myers Car Accident Attorney Cost?

The cost will differ based on the attorney the injured victim chooses. Unfortunately, many accident victims avoid hiring an attorney because they misunderstand the expensive legal fee structure. Therefore, it is essential to understand how fees work in personal injury cases. Consider the costs of the legal professionals before moving forward.

Most of them work on a contingency fee basis, meaning

  • They will only charge you if you successfully attain compensation. 
  • You do not have to pay any upfront fees if you do not win. 
  • If you win, they will take some percentage of the settlement.

Now, you must be wondering about the consultation. If the lawyer works on a contingency basis, you will have a free consultation to discuss your case. Furthermore, some may charge hourly, and others may charge flat fees also.

What Are The Defense Strategies Implemented In A Car Crash?

When you are being blamed for a car accident and someone has filed an injury lawsuit against you, you can take some necessary steps to avoid liability. Some effective strategies that can be implemented are:

  • Blaming the plaintiff: As Florida follows the comparative negligence rule, the plaintiff’s settlement amount will be reduced by the percentage of their fault.
  • Downplaying the injuries sustained by the plaintiff: The defense can also use the strategy of downplaying the injuries of the plaintiff. Furthermore, they can claim that the plaintiff has been suffering from a pre-existing condition. 
  • Providing a low settlement amount: Insurance companies may try to offer you a low settlement in an attempt to provide the amount quickly. However, the plaintiff must not waive their right to litigation by accepting the low amount.

Fort Myers Injury Attorney can also suggest what to do and what not to do in such times. Through many years of experience with personal injury clients, they may be able to help advise you on how to manage your condition better. They can also seek reimbursement from the responsible parties.

What Damages Can You Recover After A Car Accident?

You can file an injury claim if your damages exceed your Personal Injury Protection (PIP) coverage. Furthermore, to sue the at-fault party, you need to know an estimate of your damages. You can apply recovery for the following:

  • Medical expenses: These may include ambulance rides, radiology, surgery, and aftercare for the present and future. In addition, it may also comprise rehabilitation costs that include any physical therapy or assistive devices;
  • Lost wages: These will include the number of days you miss from work due to the injuries. 
  • Property damage: If due to a car accident, there may be property damage for which you may pursue compensation.
  • Pain and suffering: It is one of the non-economic damage that an injured victim may face after sustaining severe injuries. 
  • Emotional distress: If an injured victim has sustained devastating injuries and is dealing with expensive medical bills, they may seek compensation for emotional distress. 
  • Quality of life: If the accident affects your quality of life due to the injuries, you may pursue reimbursement.  

It is the injured victim who is responsible for seeking recovery of their damages. Therefore, they must sue any other negligent party involved in their injuries. A Fort Myers Car Accident Attorney will help you file a claim for personal injury.  They will also contact eyewitnesses and other parties on your behalf. Furthermore, they will capture an accurate picture of the accident, including all details with supporting documentation.

Need Legal Help? Contact A Fort Myers Car Accident Lawyer

A sudden accident can leave you injured and in pain for days or months. In addition, mounting medical bills can worsen the situation. Contact Berke Law Firm, P.A., for legal representation.

If you were involved in a Fort Myers accident due to someone else’s negligence, you could file a lawsuit to gain recovery. Call us at (239) 549-6689 for a free consultation or complete our contact form online.

Fort Myers Car Accident FAQ

Q. How Much Personal Injury Protection Insurance Coverage Is Available?

According to Florida’s no-fault insurance laws, drivers who have registered a vehicle must possess PIP coverage. The minimum limits are $10,000 for PIP and $10,000 under property damage liability (PDL) coverage.

The injured party must file a personal injury lawsuit according to the PIP coverage before recovering it from the at-fault party’s insurance carrier. Furthermore, PIP in Florida covers 80% of medical expenses and 60% of lost income.

Q. Is It Necessary To Report A Car Accident Case To The Police?

The short answer is yes. According to Florida law, most car accident cases must be reported to law enforcement authorities. Such collisions include bodily injury, causing fatalities, a driver driving under the influence of alcohol, and crashes involving commercial vehicles. Car crashes where the property damages are more than $500 must also be reported to the police.

Q. What Happens When An Insurance Company Denies Your Accident Claim?

You have the right to file an appeal against the decision if the insurance company has denied your claim. In addition, you can ask the insurance carrier to review their decision again and ask them the reason for the denial of the claim. If you do not get a satisfactory answer, you can contest a denial of the claim.

Q. How Long Do You Have To File An Insurance Claim After An Accident?

The timeframe for filing an accident claim in Florida is 4 years from when the accident happened. Victims who fail to file within the specified time will lose their chances of pursuing compensation.

Q. What To Do If An Uninsured Driver Hits You?

According to Florida laws, a driver is not required to have uninsured motorist (UM) coverage. However, if an uninsured driver has hit you, you must carefully review your auto insurance policy. Further, if you have UM coverage accompanied by underinsured motorist coverage, the policy limits will differ from the PIP auto insurance policy.

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