Personal Injury Lawyer cape coral

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PERSONAL INJURY LAWYER CAPE CORAL
Have you, or your loved ones, been a victim of negligence in the Cape Coral? If so, Cape Coral personal injury attorneys can help you receive compensation for your pain and suffering.

Of course, it will also help your case if you have a little understanding of how Florida state laws provide provisions for your case. This should especially be the case if you plan on filing a claim with insurance companies or a lawsuit against the parties that caused the\ injury or accident.

Why Hire Us?

By scheduling a free consultation with our Cape Coral lawyers, you can find out approximately how much you are liable to receive in damages for your injuries and other grievances.

By partnering with our lawyers, you will not feel overwhelmed by the tiring and time consuming process of communicating with defendants, their lawyers and insurance companies. We can do all of this for you while you spend your well-deserved time with family and while your health returns to normal.

First Steps After Personal Injury

  1. Call 911 and gather as much evidence of the 'crime scene' as possible.
  2. File an official police report without accepting a percentage of the blame.
  3. Visit your doctor (this should be your first priority depending on your injuries)
  4. Record whatever you can recollect about the incident in a journal/diary.
  5. Schedule a free consultation with a personal injury attorney in Cape Coral.
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Types of Personal Injury Cases We Handle

Automotive Accidents in Cape Coral

Numerous personal injury attorneys are hired because of traffic accidents in the state of Florida. Since Florida is known as a 'no-fault state', each driver's insurance companies will be responsible for paying for damages and injuries, regardless of who seems to be at fault.

For this reason, Florida law states that all drivers are required to carry a minimum $10,000 insurance for 'personal injury protection' or PIP. This insurance policy will cover lost income, transportation expenses and medical expenses incurred after a collision, however, many other expenses will not be covered.

Depending on your insurance policy, your medical expenses are covered up to 80%, while lost income will be reimbursed up to 60%. For the rest, however, the law allows accident victims to hire a Cape Coral personal injury lawyer to file a lawsuit against drivers if they resulted in a serious injury or damages.

As defined by Florida law, serious injuries include any of the following:
  • Permanent injuries
  • Permanent and significant disfigurement or scarring
  • Permanent and significant loss of bodily function(s).

If you think your or your loved one fit this threshold, don't think twice before scheduling a free consultation with the best personal injury attorneys Cape Coral has to offer. In addition, the statute of limitations signifies that you have a limited amount of time before you can file a claim. For this reason, it is crucial that you seek legal advice as soon as you have recovered from your accident.

Product Liability Claims

We are all consumers since we are in the habit of purchasing products daily. We use these products while we cook, travel or even while we're busy at work. Most of the products we purchase turn out to be as good as you perceived them to be. However, some products tend to malfunction or perhaps, even lead to serious injuries or considerable damages.

Fortunately, Florida law also stands with those who were injured due to consumer products and can, therefore, receive compensation if they managed to prove that they suffered from the defect. Before your mind starts buzzing with strategies, we should let you know there are countless ways of doing so.

Of course, the only way of doing so without disrupting your professional and personal life is to seek legal advice from Cape Coral personal injury attorneys.

Dog Bite Cases

Since the state of Florida practices strict liability, dog owners are liable for injuries and damages of residents if they were bitten or their property was damaged, regardless of the dog's behavior in the past. In addition, these liabilities will apply as long as the victims were lawfully in the property where the incident occurred.

Dog owners will be liable for the damages received by a human person, livestock or even other domestic animals. According to Florida law, the two pillars for proving and pleading dog bite cases against their owners include:
  • The defendant is, in fact, the dog owner.
  • The defendant's dog had attacked the plaintiff.

Other than these two factors, a final element that helps your case is if you were bitten in a private property or a public place or even at a time when the dog owner had failed to display a prominent sign that warned visitors about their dog.

Additionally, factors such as the defendant being under 6 years of age, the negligent dog owner being over the same age, and warning signs not set up prominently, will all strengthen your case and comply with Florida's dog bite statute.

Grounds For Determining A Personal Injury Claim

Negligence Principles

Most personal injury cases are a direct result of the legal definition of 'negligence'. You see, negligence occurs if an individual fails to act along the lines of the standard set for a reasonable prudent individual. It goes without saying that their actions should result in an injury or damages to the victim and, therefore, they can prove negligence by satisfying certain elements.

For starters, you should be able to prove to a court of law that the defendant could have fulfilled their duty of care, but chose not to. For example, when it comes to medical malpractice, you should be able to prove that a certain healthcare provider failed to act within the constraints of accepted medical practices.

In terms of a traffic accident, you should be able to prove that the defendant had violated traffic laws and failed to comply with road safety standards. Once this has been proven, you can move onto how these defendants were 'negligent' in that they didn't slow down for a 'Stop' sign or how your doctor went beyond the constraints of accepted medical practices.

In a nutshell, negligence can be proved by showing how an individual failed to uphold their duties as a responsible citizen and, as a result, you ended up suffering damages and injuries.

How to Establish the Necessary Elements of a Personal Injury Claim

Since you're the victim in a personal injury lawsuit, you will be burdened by gathering preponderance and post-accident evidence. Of course, the only way to make legal sense from all of the evidence you have gathered can be quite time consuming and stressful without an attorney Cape Coral.

Before scheduling a free consultation with Cape Coral personal injury attorneys, you should try to write down everything about the events that transpired while they are still fresh in your memory. Also, if there were any witnesses at the scene of the crime, you should politely ask them for their contact information.

It also helps to take multiple pictures of the aftermath of the accident and anything that helps your case, such as skid marks or where both vehicles received damages - that too, from various angles. You may also take pictures or videos of your injuries or when your injuries develop after the accident before seeking medical attention.

Finally, it will also be your duty to contact law enforcement agencies to report the incident and have it documented officially. Do make sure, however, that you do not take responsibility for the incident or include anything in the official police report that could hinder your case.

Once all of the above has been done, you can finally schedule a meeting with a Cape Coral lawyer to discuss your legal strategy and assistance if you have been asked to provide an official statement for your insurance company representative.

Damages

Simply put, damages are the extent by which you were physically harmed or the suffering you were put through as a direct result of the accident. Based on these damages, the most experienced personal injury attorneys Cape Coral has to offer, you will be entitled to receive the compensation you deserve.

The damages in personal injury cases include:
  • Current and past medical expenses
  • Necessary and reasonably anticipated medical expenses
  • Lost wages ( for example, if you had to attend medical therapy or appointment and/or if your injuries hindered you from reporting for duty.
  • Lost earning capacity (for example, if the job you were hired for, pays significantly less due to the accident, since the entire incident left you incapacitated or caused you to settle for a lesser-paying role until you have healed to a 100%).Damages caused by permanent disfigurement
  • Property damages
  • The cumulative expenses of hiring services to help with household chores since you can no longer complete them on your own because of your injuries
  • Damages for the emotional distress caused by your pain and suffering
  • Loss of consortium (the loss of fellowship and association between married couples due to injury)
  • All of the other damages that were caused as a direct result of the accident

Recovering Damages In A Personal Injury Lawsuit

Medical Expenses

Medical expenses play a vital role in personal injury cases and they may also be used to determine the extent of your pain and suffering. Of course, you can only include medical expenses after you received considerable injuries and these expenses were directly related to your injuries.

In addition, Florida employs the 'collateral source rule', which basically states that defendants cannot present proof for payments made by your insurance company to cover medical expenses. Not only does this reduce the compensation you may be awarded, but seeing only unpaid bills also causes the jury to agree for a reduction.

To sum up, the collateral source rule protects victims from receiving reduced compensation, and of course, they wouldn't know about this rule without the help of a Cape Coral lawyer.

Damage Caps

Florida law has also set a rule that limits damage caps if you're dealing with punitive damages. Still, Florida courts have limited punitive damages to about 3-times the average compensatory damages of $500,000.

Even though there used to be a statute that established strict damage caps for non-economic damages caused by medical malpractice, this provision had been ruled unconstitutional by the Supreme Court. Still, these laws are subject to change as are the constantly shifting values of the legislature.

Comparative Negligence Principles in Florida

When it comes to comparative negligence between two parties, the state of Florida has a number of rules. More often than not, defendants claim that victims contributed to either making their injuries worse or even the accident itself. Naturally, if this is proven in a court of law, the victim's compensation will be impacted significantly.

Since there are numerous permutations and combinations when it comes to comparative negligence, Florida law has a very simple solution. Based on the degree of fault of either party, compensations can be reduced or increased accordingly.

For instance, in a traffic accident where the driver was distracted, the jury or insurance adjuster may rule that they were 80% at fault. However, if the victim was speeding at the time of the accident, they may be considered to be 20% at fault. Therefore, if the total damages for the victim totalled $200,000, 20% will be reduced to bring damages down to $160,000.

Similarly, when multiple defendants are involved in an accident, such as in a traffic pile-up, parties who were only 10% at fault will not be considered liable to pay for damages out of their pocket. In contrast, the drivers that were less than 25% at fault and more than 10% at fault, will be liable for damages that range up to $500,000.

Additionally, parties that are found to be between 26% and 50% at fault, will be liable for up to $1 million in damages for the victim(s). Finally, any driver who was found to be responsible for more than 50% of the circumstances that led up to the accident, will be liable to pay as much as $2 million in damages.

Statute of Limitations

The statute of limitations signifies the maximum period of time by which you can file a personal injury lawsuit in the state of Florida. If this timeline has passed, the victim's claim may be barred without considering how clearly the defendant was at fault.

The typical statute of limitations for personal injury cases is 4-years, starting from the day the accident occurred. However, there are some cases where the statute of limitations is much shorter, for instance, if you file a claim against a government agency, your statute of limitations will only be 3-years.

In rare cases, it is quite possible for injuries to go unnoticed after some time, and this is usually the case in medical malpractice. If your injury was discovered and couldn't have been discovered earlier, your statute of limitations will be set at 2-years following the unfortunate discovery. In any event, however, this lawsuit should be presented in the court of law within 7-years of the initial cause of the problem.

It is also important to mention here that, depending on your case, your statute of limitations can be put on pause or tolled. This usually occurs when the defendant is out of town or is trying to conceal their location. What's more, the statute of limitations can also be paused during the victim's period of incapacity or mental instability. Of course, while you focus on healing and feeling healthy enough to appear in court, your Cape Coral personal injury lawyer can manage all of your legal affairs and communications with insurance companies or defendants.

FAQs

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.
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 Cape Coral has to offer.
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.
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.
The Insurance Company Called Me. Should I Talk To Them?
Ideally, this should be done after contacting a Cape Coral 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.
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
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 FL 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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