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

1. What Is a Personal Injury?
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.
2. Do I Need An Attorney?
You aren't legally required to hire a lawyer, however, your chances of getting a higher compensation and winning the case are much higher if you partner with the most experienced personal injury lawyer Florida has to offer.
3. I Was Injured In An Accident. How Do I Pay My Bills?
Do not worry about your bank account and undergo whatever treatment is prescribed by your doctor. In contrast, putting off treatment can affect your recovery time and therefore elongate the entire process.

The billing staff in your emergency room will ask you to sign for medical payment coverage from your auto insurance company. Even if you don't have insurance, don't let this stop you from getting treatment.
4. What Is PIP?
Personal injury protection, also referred to as 'no-fault insurance' is an important component of your insurance plan. This insurance will compensate you for your injuries or the death of a loved one, both of which occurred as a result of the accident.

Simply put, PIP can protect you and your loved ones from overwhelming medical bills, loss of income and so many other expenses.
5. The Insurance Company Called Me. Should I Talk To Them?
Ideally, this should be done after contacting a Florida personal injury lawyer. However, if they contact you before you consult a lawyer, do not admit fault, do not mention that you were uninjured, don't accept settlements and don't agree to make a recorded or official statement.

Also, you need to stick to the facts and not give insurance adjusters any access to medical records or medical files for pre-existing health conditions.
6. What Type Of Compensation Can I Recover?
Compensation can be recovered for a wide range of injuries may be caused due to negligent behavior, including (but not limited to):

  • Whiplash
  • Soft tissue damages
  • Organ damages
  • Loss of limb(s)
  • Crush injury
  • Nerve damages
  • Neck injuries
  • Back injuries
  • Spinal cord injuries
  • Traumatic brain injury (TBI)
  • Burns
  • Fractured bones
  • Bruises and concussions
  • Lacerations
  • Sprains
7. I'm Partially to Blame For My Own Injuries. Can I Still Sue?
Florida law states that the plaintiff is liable to receive compensation if they were anywhere under 50% of the cause of the accident.
8. If I Slip And Fall At a Business, Is the Owner of the Business or Other Premises Legally Responsible For Injuries Sustained?
The business owner or the property owner will be responsible if they didn't take the necessary steps to remedy the hazard. For instance, a sign that warns people of a spill or wet floor could warn passersby and hence shift the blame onto the victim.
9. What Issues Will I Face In Making a Claim For My Injuries Sustained In An Auto Accident?
Other than your injuries and their corresponding medical bills, you are bound to experience difficulty while navigating through the legal system and while communicating with insurance companies and the other party's lawyers.
10. How Will I Pay All My Medical Bills?
Since Florida is a no-fault state, your insurance provider will be liable to pay up to $10,000 in medical bills. While you may have to pay anything above this figure, your personal injury attorneys will make sure you get compensated for all of your damages and expenses.
11. What Is a Deposition?
A deposition is when the defendant's attorneys question you about the events that transpired outside the courtroom, but at a pre-specified date, place and time.
12. What Are the Most Common Personal Injury Lawsuits?
The most common personal injury lawsuits include:

  • Wrongful death
  • Slip and fall accidents
  • Product liability
  • Medical malpractice
  • Auto accident injury
13. What Is the Definition of Tort Law?
Tort law is the jurisdiction of civil law where a wrongful act causes the plaintiff to suffer harm or loss. This, therefore, results in a legal liability for the person who committed the act.
14. What Happens If the Driver Who Hit Me Is Uninsured?
As it occurs, uninsured drivers cost insurance companies approximately $1,476 per year and therefore, these drivers are automatically brought to justice by law enforcement agencies. Even if the other driver is to blame, uninsured drivers may end up owing the other for damages.
15. Can I Get Punitive Damages?
A court of law may choose to apply punitive damages in your case, however, a prerequisite of this would be when the plaintiff manages to prove that the defendant engaged in willful misconduct, wanton or intentional tort.
16. What If I Was Partly to Blame In Causing The Accident?
If so, the court of law will assign a percentage of blame based on the evidence pulled-up by both parties and your compensation may be reduced accordingly.
17. How Long Will It Take to Resolve My Case?
Personal injury cases can take from a year to over 5-years after a FL personal injury attorneys are assigned to the case.
18. What Is "Mediation"?
Mediation, in law, is the process of parties discussing their disputes in the presence of a trained and unbiased third-party. As opposed to trusting the court with this responsibility, mediation allows individuals to reach a settlement without a judge.
19. If We Settle, How Much of The Settlement Will I Get?
There is no one-size-fits-all answer to your question because settlement depends on the unique parameters of each case and the individual goals of lawyers.
20. What Does a Personal Injury Attorney Do?
A personal injury attorney provides legal services to individuals (or a group of individuals) who have been injured, both physically and psychologically. These attorneys primarily practice in an area of law that is called tort law.
21. Can I Afford A Personal Injury Attorney?
Florida personal injury lawyers will only charge you for a contingency fee, which only means that you only owe them a fee if they manage to recover the compensation you deserve.
22. Why SOS Accident?
Since you're dealing with so much, including losing your ability to work, your capacity to earn, large medical and repair bills, and your overall pain and suffering, we can help you get compensated for your troubles.

Our experienced Fort Myers personal injury attorneys will not only help you get back your finances in order, but they will also make sure you rest and heal while they strive for you to get compensated for your emotional and physical suffering.
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