PERSONAL INJURY
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Personal injury law is also known as Tort Law which allows an injured person to file a civil lawsuit for legal remedies in response to the damages incurred from someone else's wrongful act (negligence or an intentional act).

Hire the Best Personal Injury Lawyer Ft Myers

A Fort Myers personal injury attorney can turn the tides of a personal injury case in your favor. If you are looking for legal representation from a law firm with years of experience, you can't go wrong with SOS-Accident. With over 40 years of experience and an outstanding team of dedicated personal injury attorneys, you can expect your case to be handled with extreme care and professionalism.

Our team has won multiple cases, from a fender bender to serious injury car accidents. We even harbor fluent Spanish-speaking personal injury attorneys who can help you navigate through legal paperwork and defend your claim on your behalf. So if you are looking for the best legal representation, you can dial +1 833 767 9222 now for a free consultation.
Types Of Personal Injury Claims In Fort Myers

Types of Personal Injury Cases in Myers Florida

There are many circumstances where an injured person can file a personal injury claim. However, it's essential to know that an injury doesn't automatically result in legal liability in the Tort Law. Let's take a look at some types of personal injury cases commonly filed in Fort Myers.

Car Accident Cases in Fort Myers Fl

Car accidents usually come about when someone is not following the rules of the road. Most drivers are careless when turning, or they are exceeding the speed limit. A reckless driver might be held financially responsible for steaming injuries from a car accident. However, exceptions do exist in a "no-fault" state where drivers might collect finances from their own insurance company for medical coverage. Unless the accident resulted in "serious" injuries, you need to call SOS-Accident and take help from their personal injury attorneys' team. You can dial +1 833 767 9222 for a free consultation at any time.

Slip and Fall Cases in Fort Myers Fl

Slip and fall injury claims are one of the most common personal injuries in Florida. Property owners have a responsibility to keep their environment safe from numerous conditions that might cause harm to the other person. These conditions include wet floors, dim lighting, floor changes, narrow stairs, etc. However, not all slip and fall injuries can become a cause of legal liability for the property owner, and its circumstances depend on the state laws.

Medical Malpractice in Fort Myers Fl

Medical malpractice arises when a doctor or a healthcare professional fails to provide treatments that match appropriate medical care standards. Every doctor can treat their patient's condition to the best of their ability. This duty is mentioned in their Hippocratic Oath. In case a patient is injured while receiving medical treatment, he has the right to file a personal injury claim. However, it's crucial to know that seeing no results after the treatment does not mean malpractice occurred.

Defamation: Libel and Slander in Fort Myers Fl

Defamation is accounted for under civil law rather than criminal. This is because it is not a crime, but it's a civil wrongdoing. Defamation cases are filed when an untrue statement is spoken (slander) or written (libel), causing financial loss to the other party. An average person only needs to prove that the statements spoken or written against them were false and resulted in financial loss. On the other hand, celebrities and public figures need to prove that the statement was made out of hostility and with intent to harm. Hence, they need to prove that a false statement was either made intentionally or with a wilful disregard to the true statement. These circumstances lead to court, where personal injury attorneys provide proof of defamation.

Dog Bites in Fort Myers, Fl

In the majority of cases, dog owners are responsible for the violent behavior depicted by their pets. However, some states have a one-bite rule that translates into an injury claim if the dog had shown aggression or propensity to bite before the incident (previous bite attempts). The exact laws on owner responsibilities for their dog vary from state to state. In some cases, the dog owner has to pay for the damages resulting from dog bites even if the dog had never shown prior aggression.

Assault, Battery and Other Intentional Torts in Fort Myers Fl

While most personal injury cases result from an accident, intentional torts are based on wilful harm caused by one person to another. This issue might result in a criminal case against the perpetrator, and they may face criminal charges. Moreover, the victim can also file a civil lawsuit for personal injury and demand financial compensation for their medical bills after an assault.
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What Does a Fort Myers Personal Injury Attorney Really Do?

Whether your personal injury case settles or goes on trial, your Fort Myers personal injury lawyer is busy winning you the best compensation possible. After all, most personal injury lawyers work on a contingency fee basis, meaning they will only take their fee once you receive compensation from the at-fault party. Let's take a look at how a personal injury lawyer can help you with your civil lawsuit.

Investigation and Initial Demand

The first thing your attorney will do is try to collect as much information as possible about your case. They need to know all the crucial details about your injury and the ascertainment of fault for the underlying incident, including:

  • Medical bills
  • Medical treatment history
  • Police reports
  • Surveillance footage
  • Witness statements
  • Photographs
  • Official government reports.

Most personal injury attorneys will make a demand to the insurer of the liable party after collecting all the necessary information about your case. If the initial demand results in a settlement, your personal injury attorney will review the offer with you and advise upon it. Initial settlement offers are rarely accepted and always lead to further negotiation. One thing to keep in mind is that your personal injury attorney will make a full assessment of your injuries and their long-term effects (including all future medical bills and how your injuries will affect your ability to work) before accepting a settlement. In case you incur permanent damage, your personal injury attorney will include its cost in the settlement and win you the best compensation you deserve.

If you are unwilling to accept the amount offered in the initial settlement for your accident injuries, your personal injury attorney will begin preparations for a lawsuit.

Fort Myers Personal Injury Attorneys Litigation Process

A Fort Myers personal injury lawsuit begins after a complaint is filed entailing the following documents:

  1. Documents listing your legal arguments
  2. Facts in support of those arguments
  3. Your demand for relief

After you file the complaint, it is served to the defendant (the party you are suing), the defendant follows with a response known as "the answer."

Discovery Process

This is the point at which both parties share information, and it can take months to complete. The information shared might serve as evidence during the trial and includes:

  1. Deposition
  2. Request for documents
  3. Interrogatories

Filing Pre-Trial Motions

Once the discovery process is complete, the case moves towards filing various pre-trial motions to prevent the defendant from using a piece of evidence during the trial. However, it's sporadic a personal injury case to reach trial because settlements are made before the case comes to the court.

In case of any discrepancies, your Fort Myers personal injury attorneys will take care of all the legal aspects of your claim and keep you updated with the progress.

Do You Really Need a Fort Myers Personal Injury Attorney for Your Claim?

You're not required by law to hire a Fort Myers personal injury attorney to handle your claim. Florida law gives you complete liberty to file your paperwork and represent yourself in court. A fair number of cases have been self-represented and have seen various outcomes. However, it's good to hire a local personal injury lawyer for the sake of your health because you might not be able to tend to the legalities and focus on your recovery at the same time. Moreover, in minor personal injury cases, most victims defend themselves, and it's easy to win reasonable compensation through your own efforts.

How Else Can A Fort Myers Personal Lawyer Help Me in Legal Representation?

Searching for a "personal injury lawyer in my area" can be resourceful if you are involved in an accident. For starters, they offer a free consultation, and you can make an assessment of your legal position or shortlist the best legal representation for yourself. Moreover, personal injury attorneys have professional connections with doctors who can help you in your recovery.

You can even ask personal injury attorneys to manage your legal paperwork for the claim and negotiate a reasonable compensation package on your behalf from the insurance company.

Why Do People File Personal Injury Claims?

Personal injury claims often result due to the negligence of drivers or property owners who failed to keep their environment safe for others. Sometimes, personal injury cases result from dog bites and assault. All of these circumstances have one thing in common - injuries.

The injuries sustained during an accident, either through willful disregard of safety or unintentional act of carelessness, all accompany hefty medical bills. While the victim might have sufficient finances to pay for the medical expense, it's the duty of the at-fault party to compensate the victim according to the Tort Law.

Regardless of medical bills and treatment costs, personal injury claims are filed to prevent further negligence and to protect others from facing similar tragic outcomes one person is going through. These claims help in fixing the society and make your locality a safe place for others.

How Much Compensation Can I Win for My Claim?

While compensation winnings vary and depend mostly on your injuries, a brief response is that the amount of money you win will be equal to the total cost of your medical bills, plus the amount you lost for missed work and wages.

Sometimes, personal injury cases include the cost of pain and suffering, and it's safe to assume that the amount you receive will cover your medical expense and possibly much more.

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FAQs

Personal injury is used as a legal term to define injury to the mind, body and emotions. This term may be used in contrast to 'injury' to property in the court of law.
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