Fort Myers Personal Injury Attorney

If you have been injured in an accident, experienced Fort Myers personal injury attorneys can guide you through every step and help you make decisions based on the best information available. They have expertise in investigations, negotiations, document review, and related skills. 

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. If you were not at fault, they can also help prove that the other party’s negligence caused the accident. Evaluating the value of your claim and representing your case before the jury can be done diligently if the case does not reach a mutual settlement.

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

The process of pursuing 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 is to pursue compensation 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. Insurance companies are not easy to deal with, and an experienced legal professional can negotiate with them on your behalf. An injury lawyer will help you to negotiate with the insurance companies.
• Following the deadlines: Deadlines play a crucial 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. A personal injury lawyer is familiar with the deadlines involved and can ensure that all important documents are filed on time.
• Gathering the evidence: You need to have sufficient evidence to 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. An attorney can investigate your claim, assemble the available documents and evidence, and place your case on the best possible footing.
• Improve your chances of pursuing compensation: You may not know all the legalities related to personal injuries, but lawyers have in-depth knowledge. They have handled such cases and know how to deal with them.
• Representation in court: Representation is necessary if your case reaches the trial stage. It will help you not worry about managing the hearings and appeals alone. Experienced attorneys 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?

Personal injury is a broad field that comprises several types of injuries. Injury lawyers practice tort law in which an injured individual can recover compensation for their damages. In tort law, an individual can sue another party for negligent actions.

Common types of accidents that lead to personal injury cases are: 

• 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 an auto accident lawyer and initiate the personal injury claim process.

2. 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. Sometimes, slip and fall accidents can cause wrongful death also.

3. Medical malpractice

If your doctor fails to provide an appropriate level of treatment, you can take legal action against them. However, you do not have a viable claim against them simply 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. An experienced attorney can help you to analyze your claim.

4. 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.

5. Wrongful death

Wrongful death can occur when an individual dies due to the negligent actions of another party. 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. Many lawyers work on a contingency fee structure, which means:

• No upfront fees to pay
• You pay only if you win;
• The legal fees will depend on the percentage of your settlement or award.

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 should go for a check-up even if you have sustained only minor injuries. In the future, injuries may surface and lead to significant health problems. Additionally, any demand for compensation will need medical records and medical evidence.
• 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 may 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, witnesses’ information can also prove to be useful for your case.   
• Filing a lawsuit: If mediation does not work and both parties do not settle mutually-oooo the case will go to trial.

At trial or as a preliminary to settlement, it is crucial to establish negligence and prove that the other party’s carelessness caused the injury or accident.

What is the statute of limitations for filing a Personal Injury Case In Fort Myers?

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 the personal injury. After this time, any chance to collect damages will be nullified.

What are the four factors of negligence?

Proving negligence may seem complex. Under Florida law, the elements of proving a negligence case include:

• Duty of care: The defendant had a duty to act or not act in a particular situation for the protection of others;
• Breach of duty: Defendant failed to act or not act according to the duty owed;
• Causation: The Plaintiff’s harm resulted from the breach of duty;
• Damages: Plaintiff suffered injury and damages as a result.

The plaintiff must prove all four elements to recover under negligence law in Florida. If you or a loved one have 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 in Fort Myers

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 victim 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 therapy, including aftercare, may sometimes be required after burn injuries.
• Head Injuries: Head trauma may result in a brain injury that may alter your life. Some head injuries may include whiplash caused due to rapid acceleration or deceleration. People may fall 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 may severely affect your life as the rib cage protects the body’s vital organs.

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.

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

• Economic damages: Economic damages are the damages in which costs may be estimated readily, such as medical treatment expenses, hospital bills, lost income, loss of earning capacity, and other expenses.
• Non-economic damages: Non-economic damages specify the subjective or non-monetary losses. 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. Punitive 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

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

We have helped many clients pursue 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 value 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. 

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 Pursue Compensation If Insurance Company Blames Me?

The answer is a resounding maybe. Florida law recognizes the legal doctrine of comparative fault. That 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. 

Consider the example of 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 damage award will be reduced by $5,000 (20% of $25,000).

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