Work With A Reputable Fort Myers Personal Injury Attorney To File A Personal Injury Compensation Claim
Personal injury is a legal term used to describe the injuries that a person suffers as a result of another person’s negligence. The laws that govern personal injury allow injured people to recover compensation for the damages that other parties cause to them. You can make a claim for damages regardless of the severity of your injuries.
Whether you have sustained minor or major injuries, the law allows you to seek compensation. As per datafrom the U.S. Centers for Disease Control and Prevention’s National Center for Health Statistics, more than 31 million personal injuries occur each year. The data also show that nearly 162,000 people die from personal injuries annually.
Personal injury cases are most often settled with third parties and insurance companies out of court. There are very few cases that reach the trial stage. However, if you cannot settle your claim with the insurance company, you can file a lawsuit and initiate the litigation process with help of a Fort Myers personal injury attorney.
Why Should You Consider Filing A Claim?
Negligence-fueled accidents may lead to uncertainty and traumatic injuries. Personal injuries may even lead to lost wages and could affect your long-term overall ability to earn. Some people suffer brain and spinal injuries that make it difficult for them to live independently.
When you are injured in an accident that someone else caused, you should consider filing a compensation claim if you are not at fault. It can help you recover expenses you incurred as a result of the accident, providing the financial assistance you need. Even though the compensation will not negate your injuries or the pain you endure, it can help reduce the overall financial burden.
Here are some of the damages for which you may be able to recover after an accident:
Medical and hospital bills
Loss of earning capacity
Pain and suffering
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. If you have incurred injuries because of someone else’s actions or omission, you should consider filing the claim.
What Are The 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. Here are the common types of accidents that lead to personal injury cases:
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 have sought medical assistance, you can then speak to a car accident lawyer in fort myers and initiate the personal injury claims process. Your lawyer can assess your injuries and help you seek the compensation that you deserve. It is important to focus on gathering the evidence to make your claim.
Slip and fall accidents
In many cases, a personal injury victim has accidentally fallen on someone else’s property. If the floor was wet or unsafe, then you may be able to take legal action. It is the property owner’s duty to ensure that the floors are built correctly and maintained safely. The floor should be free from all hazards. In some states, you can even file a claim if you are partially to blame. You should consider taking appropriate legal steps after your injury and file a claim. It can help you recover compensation for your damages.
Many people suffer severe injuries, such as brain injury,in these accidents. If you are involved in an accident that involves trips and falls, whether it was a shopping mall or a residential complex, you can sue the owner and recover for your damages.
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 simply 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. You can contact a lawyer to learn more about medical malpractice. They can help you determine whether it is worth filing a claim. After that, you can decide whether you wish to pursue compensation.
Dog bite injuries
Dog bites can be dangerous and can even cause permanent damage. In most circumstances, the dog owner is responsible for the injuries and for compensating the victim. If a dog has bitten you, you can file a personal injury claim. However, you will need to have evidence to prove that the dog caused the accident. Focus on gathering evidence to prove that the dog bite was not your fault and that you did not provoke the dog in any way. If the dog is aggressive or prone to biting, the dog owner should have taken certain precautions. They are responsible for looking after their dog.
Making false statements to defame another person also falls under the category of personal injury. If you think someone is intentionally trying to defame you, you can take legal action against them. Personal injury law allows you to hold accountable any individual who consciously makes negative or false comments about you.
Assault and other intentional torts
If another person intentionally injures you, you can file a personal injury lawsuit, as well as pursue criminal charges.
How Can A Fort Myers Personal Injury Lawyer Help?
The process of getting the compensation you need can be complicated. There are two major ways to receive compensation for personal injuries. One is by agreeing on personal injury claim settlement amounts with the other party or their insurance company. The second way to receive compensation is if you win in court at trial. The process is a bit tricky, and there are many legalities associated with the process. Consulting a lawyer can be especially helpful in this case. Here are some of the ways a legal professional can help you:
Negotiations and paperwork
The opposing party’s insurance company will try their best to reduce the amount of compensation you can receive. The insurance companies are not easy to deal with, and an experienced personal injury lawyer can negotiate with them on your behalf. A personal injury lawyer can evaluate your damages and help you get appropriate compensation for the injuries. The process of seeking compensation does not end at the negotiation stage. You will also have to complete and sign extensive paperwork to get the money you deserve. Lawyers have a good understanding of the law and can help ensure that the paperwork is filed on time.
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. Lawyers understand the importance of deadlines. You can hire an experienced personal injury lawyer Fort Myers trusts to handle the tasks related to personal injury cases.
Gathering the evidence
If you do not have sufficient evidence, you will not have a strong personal injury claim for compensation. The opposing party’s insurance company will reject your claim right away if you cannot provide sufficient proof. Alternatively, a legal professional can help you gather the evidence you need. Your lawyer can analyze your situation, investigate the scene of the accident, and help you identify evidence. A lawyer can help you understand the strengths and weaknesses of your case.
Improve your chances of getting compensation
Having a legal professional by your side can significantly improve your chances of winning a claim. You may not know all the legalities related to personal injuries, but personal injury lawyers have the requisite knowledge. They have also handled such cases in the past and know how these cases should be dealt with.
Representation in court
A lawyer can also represent you in court if your case reaches the trial stage, so you will not have to worry about managing the hearings and appeals on your own. Your lawyer can help you prepare for trial and guide you on how you should present yourself in court. They will also give you guidance on how to speak in court. Your words play a significant role. If you say anything wrong, your compensation claim will be affected. Therefore, you should ask your lawyer for help related to the words you choose in court.
One of the main benefits of hiring an experienced Fort Myers personal injury attorneyis their legal knowledge and ability to estimate your claim’s value. They are aware of what is required across the whole process and can assist you at each step.
A legal professional can advise you and help you avoid issues that could adversely affect your claim. Having an experienced attorney can increase your chances of getting the settlement you deserve.
Consult A Fort Myers Injury Lawyer For Effective Legal Help!
If you have any questions or concerns, schedule a free consultation with our lawyers at Berke Law firm, P.A. A Fort Myers personal injury attorney can help you through the process of seeking an appropriate settlement claim.
We have helped many clients get compensation for their personal injuries. Do not let someone else’s negligence affect the rest of your life. Take the critical step and reach out to us. You can schedule a free consultation to discuss how we can help you.
When to hire a personal injury lawyer?
There is no exact rule for hiring a personal injury attorney. Regardless, the general rule of thumb is that if you have been injured due to someone else’s negligence or action, the sooner you can retain the services of a qualified attorney, the better. An experienced attorney can help you with every step of the process and increase your chances of obtaining a favorable award. A Fort Myers personal injury attorney can negotiate with insurance carriers, perform investigations, hire medical experts, and formulate legal strategy on your behalf.
The probability of getting the compensation is higher for those who have hired an attorney. This is because insurance companies have their lawyers by their side. When the other party hires a lawyer who negotiates on their behalf then it becomes easier.
Our Fort Myers Personal Injury lawyers at Berke Law Firm, P.A. will help you to determine the actual value of your claim. If you are unable to agree on the settlement amount then you can go to a trial.
What are the responsibilities of an injury lawyer?
There are various roles and responsibilities of an injury lawyer. They will guide you through every step of the process and make sure you are making decisions based on the best information available. An experienced attorney and their staff are experienced in investigations, negotiations, document review, and related skills. A personal injury law firm will assist you in gathering a copy of the police report, pictures of the accident scene, medical records, and other essential evidence that can make your case strong. This will also help to prove that the other party’s negligence accident was caused.
A lawyer will also evaluate the worth of your claim, negotiate with the insurance companies on your behalf, and represent your case before the jury in case the case does not reach a mutual settlement.
What is the worth of my personal injury case?
An injury can be life-threatening and can change your life completely. It can even cause trauma and emotional stress. The huge medical expenses might drain your savings. It can even lay an impact on 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 a number of factors inlucding:
Type and severity of damages;
Pain and suffering experineced;
Property damage costs;
Future rehabilitation needs;
Future medical costs;
Impact on daily life activities; and
To discuss the particulars of your case, contact one of our experienced Ft. Myers personal injury lawyers today.
How long will it take for my case settlement?
As you know that every injury case is unique and differs on the particulars of each situation. However, all injury cases have some 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.
Comparative 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 matter of a few months. Conversely, in a complicated matter with uncertain recovery prospects and questions of who exactly is at fault may not reach an agreed settlement and end up at trial. In such situations it could take years for everything to wrap up.
Can I still get money, if the insurance company is blaming me?
The answer is a resounding maybe. Florida law recognizes the legal doctrine of comparative fault. This means that if an injured person is found to be partly responsible for his 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 finds that the injured person was 20% at fault because he was on his phone at the time of the accident. Hence his damage award will be reduced by $5,000 (20% of $25,000).
Insurance companies and their attorneys are well aware of this rule and will often use it as a negotiation tool. This is one more reason to have an experienced attorney on your side when dealing with insurance companies.
What are the four factors of negligence?
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 in accordance with the duty owed;
Causation. 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 case, contact one of the experienced personal injury attorneys at Berke Law today.