You or someone has been in a car accident?
Looking for a Fort Myers Car Accident Lawyer?
How do you find a lawyer that can deal with your case?
In this article, we will consider your quest to find a Fort Myers Car Accident Lawyer so you know all there is to know about it!
Keep reading as we have gathered exactly the information that you need!
Let’s dig into our car accident lawyer considerations!
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Table of Contents
Fort Myers Car Accident Lawyer
A driver, passenger, or occupant of a car or vehicle can claim damages and be compensated for injuries following a car accident.
There are specific laws governing car accidents and personal injury claims that may be filed following an accident in Florida.
A Fort Myers car accident lawyer specializes in car accident claims, lawsuits, settlements, and legal disputes.
By consulting with an experienced attorney, you can get legal guidance on whether or not the applicable car accident laws allow you to get compensation for the injuries suffered.
There are many types of car accidents, such as:
- Drunk driving accidents
- Hit and run
- Uber and Lyft accidents
- Reckless driving
- Defective parts
Your auto accident attorney in Fort Myers must have the experience, skill, and knowledge of Florida laws to be able to provide you with a successful legal representation.
Car Accidents In Fort Myers
Automobile accidents can change someone’s life forever.
They happen so quickly and can be so devastating that you feel that your life has been turned upside down.
Life after a car accident can be difficult as you may need to pay for medical expenses that you did not have the budget for, your life routine and activities are adversely impacted, you may lose wages, or even end up with a permanent disability.
Auto Accident Cause
What are the most common causes of car accidents?
There are many reasons why a car accident can happen, particularly:
- Accelerating through yellow lights
- Aggressive driving
- Burning a red light
- Construction zones
- Defective auto parts
- Defective roads
- Distracted driving
- Driving while impaired
- Drowsy driving
- Excessive speeding
- Flat tire
- Not clearing blind spots
- Not using turn signals
- Poor automobile maintenance
- Texting and driving
Types of Vehicle Accidents
There are different types of car accidents, and they can happen in the blink of an eye.
The most common types of car crash in Fort Myers are:
- Head-on collisions
- Rear-end collisions
- Side-impact accidents
- Single car accident
- T-bone crashes
- Vehicle rollover
Car Accident Injuries In Florida
What are the different types of injuries one may suffer following a motor vehicle accident?
The most common types of injuries suffered by the driver or the passengers of a vehicle following an accident are:
- Abdominal injuries
- Back injuries
- Brain trauma
- Broken bones
- Eye injury
- Head injuries
- Internal bleeding
- Knee injury
- Loss of function of body parts
- Neck injuries
- Organ failure
- Post-traumatic stress
- Severed limbs
- Skull fracture
- Spinal cord injuries
- Whiplash syndrome
Depending on the nature of the accident, the type of vehicles involved, the speed of the impact, and many other variables, a person may walk away with minor bruises or get severely injured.
Consulting with a Fort Myers car accident attorney will be important following an accident as you can better understand your legal rights and obligations following the auto accident.
You’ll know whether you may claim compensation for the injuries you suffered or have any contributory role.
Damage Claims in Fort Myers
If you were involved in a car accident, what type of damages can a Fort Myers car accident attorney get for you?
There are different types of damages that a car accident attorney can claim on behalf of an injured client.
In Florida, the damages can be categorized as “economic” and “noneconomic” damages.
Economic damages are “monetary” damages that can be directly proven and calculated, such as:
- Future medical treatment costs
- Lost wages
- Medical care costs
- Medical costs
- Medical device expenses
- Nursing costs
- Physical therapy costs
- Property damage
- Rehabilitation costs
- Surgery costs
On the other hand, noneconomic damages refer to damages that are “nonmonetary” and cannot be readily calculated using invoices, receipts, or statements.
Noneconomic damages include:
- Emotional distress
- Loss of consortium
- Loss of life enjoyment
- Loss of relationship
- Mental anguish
- Pain and suffering
- Psychological distress
The law provides for legal ways of quantifying such noneconomic damages so the victim of an auto accident can get full compensation for the damages suffered.
A car accident attorney in Fort Myers FL can also consider the option of claiming punitive damages.
Punitive damages are awarded by the court to “punish” the wrongdoer.
The amount awarded as punitive damages is over and above the compensation entitled by the victim.
In instances where the defendant was malicious or adopted reckless behavior, the court or jury may condemn the defendant to pay punitive damages to punish the behavior.
The idea is for the defendant to learn a lesson from the punishment and refrain from adopting the same behavior in the future.
The award of punitive damages also sends a signal to the population in setting an example.
If anyone else may maliciously or intentionally cause harm to another, they will also be punished.
Characteristics of Fort Myers Auto Accident Attorney
When choosing a car accident lawyer in Fort Myers FL, you should look for certain characteristics.
Attorney Track Record
The first thing you should verify is to ensure that the Fort Myers car accident lawyer has a proven track record.
Does the auto accident lawyer have experience in dealing with car accident claims, settlements, litigation, lawsuits, and related legal matters?
Was the attorney successful in getting a settlement or compensation for the victim of the car accident?
Another important aspect to consider is the attorney’s deep understanding of the laws applicable to car accidents in Florida, Fort Myers.
The car accident laws may be quite complex.
Having a deed and solid understanding of the laws applicable to a Fort Myers car accident is crucial for the overall success of your case.
Understanding the laws will allow your attorney to:
- Assess the validity of your claim
- Determine the cause of the accident
- Ensure causality of the injuries suffered
- Quantify and estimate how much you may claim in compensation
- Assess what are the strengths and weaknesses of your case
Car accidents are severe, catastrophic, and even fatal in certain cases.
If you have suffered injuries, you should make sure you have the best possible lawyer and legal representation to get the right and fair compensation you are entitled to.
Florida Personal Injury Protection Insurance Coverage (PIP)
The Florida laws require that drivers carry a minimum of $10,000 of personal injury protection coverage (PIP) along with $10,000 of property damage liability coverage (PDL).
This is the case as you have a no-fault insurance law in Florida.
As a result, following a car accident, each driver will file a claim under their PIP insurance coverage and then seek compensation from the other driver or the other driver’s insurance company.
Generally, the PIP will cover 80% of the policyholder’s medical expenses along with 60% of lost wages.
If your damages are fully compensated by filing a claim under your PIP claim, then you can move on.
However, in some cases, your insurance policy limit is achieved although you are not fully compensated for your damages.
In that case, you may consider filing a claim against the other driver’s insurance company or filing a lawsuit against the other driver directly.
To understand the best course of action, you should consult with a car accident lawyer Fort Myers FL who can legally guide you through this process.
Fort Myers Car Accident Lawsuit Process
What is the process applicable to a Fort Myers car accident?
Let’s look at what will typically happen following a car accident if you are looking to engage the at-fault driver in a personal injury lawsuit.
The first step is to get evaluated by a doctor and get all the necessary medical treatments that you need.
The document will provide you with documentation and reports on your injuries and determine if you suffered an emergency medical condition helping you in your eventual PIP claim.
Consult With Car Accident Lawyer Fort Myers
The next step is to consult with an auto accident lawyer Fort Myers for legal advice on your case.
Due to certain changes in the Florida laws, a person may file a personal injury lawsuit for compensation in certain cases such as when the accident is considered severe or you’ve suffered disfigurement.
PIP Insurance Claim
Once you have all your legal information and guidance, you can then claim coverage from your PIP insurance.
To file a lawsuit, you must demonstrate you are entitled to compensation for an amount over and above the threshold set by Florida state law.
If your injuries exceed the threshold, you should have your Fort Myers auto accident lawyer investigate the details of the case and collect all the evidence needed.
Eventually, you will send a notice to the defendant claiming the additional damages.
In some cases, you may be able to negotiate a settlement quickly before even filing a lawsuit.
However, in other cases, the negotiations do not result in any compensation early on and you will then file your personal injury lawsuit against the defendant.
Car Accident Lawsuit Defense Strategies
What are the possible defense strategies against a car accident claim or lawsuit in Florida?
If a person is engaged in a personal injury lawsuit, it’s expected that they will do what they can to defend themselves and avoid liability.
What are the possible defenses that a defendant may raise in a car accident lawsuit?
Here are some of the arguments that may be raised by the defendant:
- The accident was caused by the plaintiff
- The plaintiff had a contributory role in the accident
- The plaintiff is exaggerating the injuries
- The plaintiff’s expenses for the injuries suffered are excessive and unreasonable
- The plaintiff’s injuries are not related to the car accident
In essence, the Florida courts use the comparative fault to personal injury lawsuits.
Comparative fault is a legal notion where the courts will deduct or reduce the defendant’s liability in proportion to the plaintiff’s contributory role in the accident or damages suffered.
The comparative fault argument is nearly used by default as a line of defense in all personal injury lawsuits in Florida.
Florida Car Accident Statistics
Let’s look at some statistics from the Florida Highway Safety and Motor Vehicles (FLHSMV):
- In 2018, there were 403,626 car accidents in Florida
- In 2019, there were 401,867 car accidents in Florida
- In 2018, there were 3,135 traffic fatalities
- In 2019, there were 3,183 traffic deaths
- About 255,000 injuries are caused due to auto accidents
- About 3,300 people die in car crashes
- Florida has 14.7 traffic deaths per 100,000 residents
- 52% of fatal crashes involved a single vehicle
So what is the legal definition of Fort Myers Car Accident Lawyer?
Let’s look at a summary of our findings.
Fort Myers Car Accident Lawyer
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