Helpie FAQ

  • 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 
    • Comparative fault

    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.