Car Accident in Fort Myers
Terrible motor vehicle crashes happen in the blink of an eye. None of you are immune to force majeure. The consequences for a car accident victim can be catastrophic. At best, you may suffer a fright, but at worst you may be confined to a bed or a wheelchair. Our Fort Myers car crash lawyer has repeatedly helped victims with claims that have resulted in them receiving fair compensation based on their insurance or based on the available PIP insurance of the at-fault party in Fort Myers collisions. Every motor vehicle crash has consequences, and only through a quality examination, evidence gathering, and witness testimony can economic and noneconomic damages be recovered.
Fort Myers Car Accident Lawyer
The practical work of a car accident lawyer is not only about interviewing Fort Myers victims but also about interacting in detail with the parties involved. Specifically, the car accident lawyer goes to the Fort Myers traffic police, where he is provided with the investigation data. Also, the lawyer has the right to contact the expert committee that provides its report on motor vehicle crashes. An important point of cooperation will be the cooperation with the insurance company, which is obliged to pay the requested amount of compensation and damages. Please note that the attorney interacts not only with your insurer but also with the insurance agent of the at-fault party. The auto accident attorney in Fort Myers will be responsible for drafting the claim on behalf of the car accident victim and overseeing the timing and legal interaction with all parties involved in the Fort Myers car accident.
Why Choose the Nunez Law Firm as Your Car Accident Lawyer?
Our top Fort Myers car accident lawyer has repeatedly helped clients obtain fair compensation. Each client receives an itemized report on the investigation and further actions of the Nunez Law Firm car accident attorney. All avenues are pursued, stakeholders are involved, and the circumstances of the Fort Myers car accident are examined.
Our car accident attorney’s responsibilities will include the following tasks:
- Collecting photos and videos of the scene of the accident
- Collecting images from other vehicles’ video recorders
- Collecting statements from witnesses to the incident
- Studying the traffic police report
- Studying an expert’s examination of the technical condition of your vehicle
- Gathering expert testimony on the reconstruction of motor vehicle crashes in Fort Myers
- Gathering information on medical reports, including personal injury reports
- Gathering statements from medical authorities and your professional community about your inability to perform your job duties due to the injury you received
Our Fort Myers car accident attorney’s team will work hard to ensure that you end up with the economic and noneconomic compensation you need. You can always count on our lawyer’s qualified assistance to find out all the circumstances of the Fort Myers car accident and help you get fair compensation by filing a proper claim with the court panel or the insurance company.
Types of Car Accidents
Each type of car accident has different consequences for the car accident victim. Most victims in Fort Myers suffer minor injuries. However, there remains a high percentage of victims with serious personal injuries. Fatalities are not uncommon; in this case, the relatives of the victims are assisted by a specialized auto accident attorney. Common types of accidents involving vehicles are as follows:
- Rear-End Collision. The driver of the following vehicle collides with the vehicle in front of it.
- Head-On Collisions in Fort Myers. These accidents result in serious injury to one or more people involved in the incident. Also, this type of car accident carries a high estimate for the cost of property damage.
- Side-by-Side Collisions. Typically, these types of incidents occur most often at intersections. The driver may have ignored a red light or failed to see a warning traffic sign.
- Drunk Driving. Having a blood alcohol BAC of 0.08 is considered a serious violation. Such accidents lead to severe consequences for all involved. An experienced car accident attorney in Fort Myers always analyzes this type of car accident in detail to provide maximum assistance to the victims.
- Distracted Driving. These incidents involve an inattentive driver who is, for example, texting or talking on a cell phone.
For each type of accident, a detailed investigation is conducted to determine the level of fault of the person involved. An attorney may be needed to review the report, collect witness statements, and other collision proceedings.
Common Causes of Car Accidents in Fort Myers
The laws of the state of Florida, as well as the City of Fort Myers, require all road users to follow the same rules and be equally responsible for the consequences of a car accident. The main causes that lead to an accident are:
- Operating a vehicle while under the influence of alcohol or drugs
- Lane departure
- Driving in the wrong lane
- Distracted driving
- Driver fatigue
- Negligence of the operator of the vehicle
- Exceeding the speed limit
Each cause is considered in detail by experts, and the opinions of all parties involved in the incident are considered during the claim process. The Fort Myers car accident attorney’s actions will help protect the interests of the person involved in the incident, and if necessary, you can always file a claim for compensation and reimbursement, including for personal injuries sustained.
Fort Myers Car Accident Statistics
The City of Fort Myers is the administrative center of Lee County. Although 2020 was a period associated with restrictions due to COVID-19, there have been some terrible car accidents this year.
- The total number of accidents was 11,644.
- There were 107 fatal crashes.
- Accidents in which the participants were injured: 7,048.
Statistics show that despite pandemic restrictions, the number of horrific crashes persists in Fort Myers.
Fatal, Serious, and Nonserious Injuries
When drafting a claim, personal injury attorneys consider the degree of injury sustained. The common classification takes into account serious and nonserious personal injuries as well as fatal cases. According to the Florida Department of Real Estate, the following cases were reported in 2020.
- Total Number of Fatal Accidents: 100
- Total Number of Injuries: 4,630
- Bicycle Accidents: 216
- Fatal Bicycle Crashes: 8
- Motorcycle Crashes: 297
- Deceased Motorcyclists: 18
- Pedestrian Accidents: 297
- Pedestrian Fatalities: 22
- Hit-And-Run Accidents: 3,002
- Hit-And-Run Fatalities and Fleeing Accidents: 11
- Injured In Hit-And-Run Accidents: 604
The highest number of incidents were recorded between September and December 2020. This is due to a dramatic weakening of the COVID-19 restrictions. A Fort Myers personal injury lawyer, by reviewing the case, determines who is at fault for the accident and helps you file a claim for compensation payments if necessary. Important: Even if you have suffered nonserious injuries, you need to see a doctor within fourteen days. This will help personal injury attorneys draft a claim for possible economic and noneconomic damages.
Common Parties With Legal Liability for Fort Myers Car Accidents
There are private and commercial vehicles on Fort Myers roads. If there are collisions in Fort Myers, it is up to your attorney to determine who will be the common party with legal liability. It is not uncommon for a crash attorney to contact insurers to determine legal status. In some cases, the Fort Myers Traffic Police Department provides comprehensive information to the car accident lawyer.
The main parties with legal liability status in a car accident are:
- The driver of the private car
- The driver of the commercial vehicle
- The driver of the commercial vehicle and his or her employer
- The immediate employer of the company
- The vehicle maintenance service
- Public organizations in charge of the vehicle (school, hospital, road service, etc.)
- Local authorities through whose fault the accident occurred (bad roads, etc.)
- The manufacturer of the vehicle that caused the defect in spare parts
In each case, a Fort Myers car crash lawyer collects expert testimony and other evidence so that a claim can be filed on behalf of the injured party. Motorcyclists, bicyclists, and pedestrians who have violated traffic laws may also be a party to legal liability.
Florida State Auto Insurance Law
Based on the consequences of the incident, the crash attorney calculates the amount of possible compensation for the victim. In this case, the lawyer determines for the claim what type of insurance each party to the accident had. Note that when drafting a claim from the injured party, the auto accident attorney considers an important principle of Florida law: no-fault auto insurance. That is, one in which the injured party is compensated in full.
Florida law defines a number of mandatory provisions for all parties involved in accidents.
- PIP Personal Injury Protection Auto Insurance. The minimum amount is $10,000. This category will cover the cost of serious and bodily injury up to 80% of the total medical bills.
- Non-Economic Damages. If other insurance is available, the injured person can claim compensation for pain, suffering, disability received, loss of job, etc. State law recommends having this type of insurance with a minimum coverage of $20,000.
Thus, personal injury attorneys in Fort Myers can claim various types of compensation on behalf of the victim of a car accident under no-fault law in Florida.
Filing a Lawsuit
Before filing a lawsuit, you must go through a pretrial settlement process. You can trust an experienced Fort Myers car accident attorney to file on your behalf. In this case, the attorney files a claim with the injured party’s insurance company and the at-fault party. You need to provide evidence and expert evaluations that point to a reasoned amount of compensation payments.
If the insurer and the at-fault party agree to a specified amount, the case will not go to a judge. The exceptions will be to go to court if the driver committed a serious car accident while under the influence of alcohol and drugs and if there was evidence of fatality of the party involved in the incident. Typically, many insurers and at-fault parties do not agree with the amount stated and then the case goes to a jury trial, where the car accident attorney also speaks on behalf of the injured party. The court sets a hearing and usually the approximate duration of the trial is three to six months. Sometimes litigation can drag on indefinitely. During this time, you have a car accident attorney protecting your interests in Fort Myers.
Questions About Fort Myers Car Accidents
What is the right course of action during and after an accident? What can you expect to receive from an auto accident? These questions and more are answered by our experienced car accident lawyer. If you can’t find your answer, ask an auto accident attorney right now for a free personal consultation.
What Do I Do After a Car Crash in Fort Myers?
The first thing to do after a car accident, especially if it is serious, is to call 911 with all the necessary information. Ask the operator if any medical help is needed for the injured person. Report the incident to your insurer and contact them for advice.
What Information Should I Collect at the Scene of My Car Accident?
At the time of the accident, you can collect information by taking video or photos of the scene of the accident. This will be your evidence. You can also collect contact information for other people involved in the accident and for witnesses. Never broadcast the incident on social media or it will be a serious violation. If necessary, provide your information to your attorney, who will determine how to proceed with your case.
How Can I Protect Myself After an Accident?
After you have been diagnosed with an injury after a car accident, you will continue to be treated in the hospital. You will need to collect all the medical certificates for the bills you have paid. Based on these, you will receive compensation payments from your insurance and the at-fault party’s insurance. We recommend that you contact our lawyer immediately after the accident, who will take control of all your interactions with the other parties involved in the accident.
What Is a Reasonable Settlement for a Car Accident?
If the accident is not serious, a reasonable settlement is allowed. The important thing is to exchange contact information and be sure to disclose the amount of damages. You can also use the services of an auto accident attorney, who will notify the state traffic police of the incident within ten days. This is a prerequisite, without which there may be unintended consequences up to and including criminal liability.
Is Florida a No-Fault Insurance State?
Yes, Florida is a no-fault insurance state. Using our lawyer’s help, you have the right to claim more than what the at-fault insurer or your standard of insurance provides. An important prerequisite: You must argue noneconomic damages. The help of an experienced attorney will allow you to draw up a claim with a specified amount of compensation.
Do I Have to Give the Insurance Company a Statement About the Accident?
Yes, almost all insurance companies require it. Carefully read your insurance agent’s agreement that tells you under what circumstances you must file a statement about an accident. It is important to always remember, however, that a claim must be filed within the time frame required by the contract and state laws. We recommend getting more advice on this matter from our accident attorney.
How Long Do I Have to File an Accident Claim?
State law has a four-year statute of limitations. During that time, you have the right to file a claim for an accident. However, if there is evidence of medical malpractice after the incident, the time limit for filing a claim is only two years. We recommend contacting our Fort Myers car accident lawyer immediately after the accident, who will promptly prepare a claim and begin the process of interacting with others involved in the incident.
Why Might My Case Take a Long Time?
The circumstances of an accident can vary. The standard time frame for a claim in court is three to six months. However, there are cases in court practice where the litigation lasts more than twelve months. For example, it may be impossible to determine who is at fault in an accident because the driver hit a vehicle and then ran away from the accident scene. Also, drivers who do not have insurance are particularly difficult. In this case, other parties, such as the relatives of the at-fault driver, may be involved.
What Compensation Can I Expect From My Car Accident?
A driver, including a Florida resident, must have insurance of at least the PIP standard. This type of insurance requires a minimum coverage of $10,000. Up to 80% of all costs can be reimbursed for medical expenses and up to 60% for job loss. However, noneconomic damages are determined under different rules, and the exact amount is determined based on substantiated evidence. We recommend contacting a lawyer, who will gather the necessary evidence and expert testimony to obtain the amount of compensation you need for your car accident.
How Does the Insurance Company Determine Fault After a Car Accident?
The insurance agent has the right to request an expert opinion on the accident. On the basis of the expertise, the amount of possible compensation is determined. The insurer is not obliged to inform the victim that he or she has such estimates. However, the victim of the accident also provides his calculations and gives them to the insurer. Based on the information received, the insurer agrees or disagrees to the amount specified. If the insurer does not agree with the amount of compensation, the case goes to court.
If the Insurance Company Offers Me a Check Shortly After the Accident, Should I Take It?
write a check to the injured party. Should you accept a check from the agent? We do not recommend it, because it is not clear what you will be reimbursed for. In our lawyer’s practice, there have been cases where an insurance agent would write a check and then the accident victim could not receive fair compensation. In any case, contact our lawyer and get instructions from him about your next steps in dealing with the insurance agent.
When Should I Contact a Lawyer After a Car Accident?
The statute of limitations on a car accident is four years. You can seek legal help at any time, but we recommend that you do so immediately. For example, if you contact after the incident twelve months later, the expert evaluations will have been filed by then. Additional expertise may be possible, but it will only take up your precious time.
Get a Free Consultation
Rarely does a car accident go without severe consequences. When you are injured, you also suffer severe mental stress, which will be a negative imprint throughout your life. To mitigate the negative consequences, you can always turn to our lawyer, who will review your case for free and continue favorable strategies and terms of cooperation. The result of such work will be fair compensation for economic and noneconomic damages.
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