Fort Myers Personal Injury Attorney

If you have been a victim of any injury, experienced Fort Myers Personal Injury Attorneys will guide you through every step and ensure you make decisions based on the best information available. They have expertise in investigations, negotiations, document review, and related skills. 

Furthermore, they will assist you in gathering a copy of the police report, pictures of the accident scene, medical records, and other essential evidence to strengthen your case. It will also help to prove that the other party’s negligence accident was caused. Evaluating the worth of your claim and representing your case before the jury can be done quickly if the case does not reach a mutual settlement.

What Can A Fort Myers Personal Injury Lawyer Do For You?

The process of getting compensation can be complicated. There are two major ways to recover compensation for personal injuries. First is when the other party or their insurance company agrees on a personal injury claim settlement amount. 

The second way to receive compensation is through legal action, which may involve a trial in court. The process is tricky, and there are many legalities associated with the process. Here are some ways personal injury attorneys can help you: 

  • Negotiations: The opposing party’s insurance company will try to reduce your compensation. The insurance companies are not easy to deal with, and an experienced legal professional can negotiate with them on your behalf. 
  • Following the deadlines: Deadlines play a considerable role when it comes to legal work. Missing even one deadline can cause your claim to be denied. Therefore, you must keep track of all the deadlines and file everything on time. 
  • Gathering the evidence: If you do not have sufficient evidence, you will not have a solid personal injury claim for compensation. The opposing party’s insurance company will reject your claim immediately if you cannot provide sufficient proof.
  • Improve your chances of getting compensation: You may not know all the legalities related to personal injuries, but lawyers have in-depth knowledge. They have also handled such cases and know how they should be dealt with.
  • Representation in court: Representation in court is necessary if your case reaches the trial stage. It will help you not worry about managing the hearings and appeals alone. They can help you prepare for trial and guide you in presenting yourself in court. 

One of the main benefits of hiring an experienced Fort Myers personal injury lawyer is their legal knowledge and ability to estimate your claim’s value. They know what is required during the process and can assist you at each step.

What Are The Common Types Of Personal Injury Cases?

There are different types of personal injury cases for which you may seek compensation. Tort law allows an injured person to recover compensation for their damages. 

Common types of accidents that lead to personal injury cases in San Antonio: 

  • Auto Accidents;
  • Slip and Fall Accidents;
  • Medical Malpractice;
  • Dog Bites; 
  • Wrongful Death.
  1. Auto accidents

If you are involved in an automobile collision or any other kind of motor vehicle accident, the first thing that you should do is seek medical attention. Getting treated by a medical professional will help you determine the severity of your injuries. Once you seek medical assistance, you can speak to a Auto accident lawyer and initiate the personal injury claim process. 

  1. Slip and fall accidents

In many cases, an individual may accidentally fall on someone else’s property. If the floor is wet or unsafe, you can take legal action. The property owner must ensure the floors are built correctly and safely maintained. The floor should be free from all hazards. In some states, you can even file a claim if you are partially to blame. Sometimes, slip and fall accidents can cause wrongful death also.

  1. Medical malpractice

If your doctor fails to provide the appropriate level of treatment, you can take legal action against them. However, you do not have a viable claim against them if you are unhappy with the treatment’s results. A personal injury claim based on medical malpractice should relate directly to a doctor’s inability to provide you with an adequate level of care. 

  1. Dog bite

Dog bites can be dangerous and can even cause permanent damage. In most circumstances, the dog owner is responsible for any dog bite injuries and compensating the victim. You can file a personal injury claim if a dog has bitten you. However, you must have evidence to prove that the dog caused the accident. 

  1. Wrongful death

Wrongful death can occur when an individual dies due to the negligent actions of another party accidentally or intentionally. It occurs due to medical malpractice, slip, and fall accidents, defective products, workplace accidents, birth injuries, etc.

How Much Will A Fort Myers Personal Injury Attorney Charge?

The answer may be different depending on the lawyer. Some charge hourly, while others may work on flat fees. Primarily, most lawyers work on a contingency fee structure. It means:

  • No upfront fees to pay
  • You pay nothing until you win
  • The legal fees will depend on the percentage of your settlement or award.

Therefore, knowing the fee structure before choosing personal injury lawyers is essential.

How To File A Personal Injury Claim In Fort Myers?

If you have been a victim of any accident caused due to someone else’s negligence, you have the right to file a personal injury claim. However, the process may be time-consuming, and you must follow a step-by-step guide to file the lawsuit.

  • Obtain medical care: The foremost step in filing an injury claim is to seek medical attention immediately. You can go for a check-up even if you have sustained minor injuries. In the future, the injuries may surface and lead to significant health problems.
  • Prepare documentation: The victim must prepare medical records and document all injuries, damages, and other treatments if needed. 
  • Consider a legal consultation: Your case may settle without going to trial. However, consulting an attorney will be helpful and beneficial for your case. 
  • Investigating the accident scene: It is vital to investigate the scene where the accident occurred by collecting necessary evidence. In addition, the witnesses’ information can also prove to be useful for your case.   
  • Filing a lawsuit: If the mediation does not work and both parties do not settle mutually, the case will go to trial. 

Along with these steps, it is crucial to establish negligence and prove that the other party’s carelessness leads to the injury or accident.

What is the Statute of Limitations for Personal Injury Cases?

The statute of limitations specifies that an injured victim has a specific time to pursue a car accident claim. In Fort Myers, Florida, the statute of limitations states that an injury claim needs to be filed within 4 years from the date of a personal injury. After this time, the chances to collect damages will nullify.

What are the four factors of negligence?

Proving negligence may seem complex. However, if you have evidence, you can easily prove negligence of the other party and the claim process may run smoothly. Under Florida law, the elements of proving a negligence case include

  • Duty of care: This is the existence of a duty to act or not act in a certain situation for the protection of others;
  • Breach of duty: Defendant failed to act or not act by the duty owed;
  • Causation: The injury resulted from the breach of duty;
  • Damages: Plaintiff suffered injury and damages.

The plaintiff must prove all four elements to recover under negligence law in Florida. If you or a loved one has been injured and you think you may have a negligence claim, contact a team of competent Fort Myers personal injury lawyers.

Common Types of Injuries

Auto accidents, slips and falls, medical malpractice, and other accidents can result in devastating injuries. Personal injury lawsuits can arise from many types of injuries such as

  • Back and Neck Injuries: These can range from minor neck pain to severe injuries such as dislocated discs in the spine. These injuries may prevent the victims from returning to work and performing day-to-day activities.
  • Broken Bones: Auto crashes mean bones are broken easily due to speed, severity, and other factors.  
  • Burn Injuries: If a truck carries flammable cargo, a crash may result in burn injuries. Surgeries and therapies may sometimes be required after burn injuries, including aftercare.
  • Head Injuries: Head trauma may result in a brain injury that may alter your life. Some of the head injuries may be whiplash which can be caused due to rapid acceleration or deceleration. People may turn unconscious after sustaining a brain injury.
  • Internal Injuries: A powerful blunt trauma may cause the victim to experience internal injuries that may or may not be visible. Internal bleeding may be caused in different organs, such as the kidney, liver, bladder, spleen, and bladder.
  • Lacerations: These are painful as cuts, and bruises are very common in accidents. If there is a massive scar, it may never heal.
  • Rib and Torso Injuries: These injuries will severely impact your life as the rib cage protects the body’s vital organs. 

All these injuries have been estimated to cost nearly $406 billion annually. A fatal car accident today can lead to a wrongful death claim and can transform your life completely. Therefore, it is better to seek medical attention and be safe.

What Damages Can You Recover After Filing a Fort Myers Injury claim?

Financial compensation for damages after an accident is designed to make you whole. If your earning capacity has been permanently diminished, that may increase the overall compensation for which you are eligible. 

Here are some of the damages for which you may be able to recover after an accident:

  • Economic damages: Economic damages are the damages in which costs may be estimated easily, such as medical treatment expenses, hospital bills, lost income, loss of earning capacity, and others. 
  • Non-economic damages: These damages are difficult to estimate as costs cannot be estimated easily. These include loss of enjoyment of life,disfigurement, dismemberment, mental anguish, pain and suffering.
  • Punitive damages: These damages are awarded in special cases when the accident or injury is caused due to extreme negligence. These damages help in controlling the negligent behavior of the at-fault party.

You should consider filing a claim if you have incurred injuries because of someone else’s actions or omissions.

Need Legal Help? Consult A Fort Myers Personal Injury Law Firm

If you have any questions or concerns, schedule a free consultation with Fort Myers Personal Injury Law Firm. They can help you through the process of seeking an appropriate settlement claim.

We have helped many clients get compensation for their injuries. Do not let someone else’s negligence affect the rest of your life. Take the critical step and reach out to us.

FAQ’s Fort Myers Personal Injury

Q. What Is The Worth Of My Injury Case?

An injury can be life-threatening and can change your life completely. It can even cause trauma and emotional stress. The vast medical expenses might drain your savings. It can even affect your current job as well. Regardless of the seriousness of your injuries, you deserve compensation.

The ultimate amount of any damage award will depend on several factors, including type and severity of damages, pain and suffering, property damage costs; future rehabilitation needs, future medical costs, impact on daily life activities; and comparative fault.

Q. How Long Will It Take For My Case Settlement?

As you know, every injury case is unique and differs in the particulars of each situation. However, all injury cases have similar things, including drafting, compiling the case, reaching a settlement, going to trial, and other steps. It is quite a complex process for an injury case to come to a settlement.
Comparatively simple cases with a single injured party, clearly defined injuries, and no questions of fault may be settled quickly, and the entire affair may be wrapped up in a few months.

Conversely, in a complicated matter with uncertain recovery prospects and questions of who is at fault, one may not reach an agreed settlement and end up at trial. In such situations, it could take years for everything to wrap up.

Q. Can I Still Get Money If The Insurance Company Blames Me?

The answer is a resounding maybe. Florida law recognizes the legal doctrine of comparative fault. It means that if an injured person is found to be partly responsible for their injuries, then any damage award may be lowered by the percentage of fault assigned to him.

For example, take a car accident where the injured person’s damages are determined to be $25,000. Subsequently, the jury also found that the injured person was 20% at fault because they were using a phone at the time of the accident. Hence their damages award will be reduced by $5,000 (20% of $25,000).

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