Personal Injury Law in Fort Myers, FL

Were you hurt due to another’s negligence in Fort Myers? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Fort Myers, FL can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Fort Myers relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Fort Myers, FL

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Fort Myers 

According to the Lee County Human and Veteran Services, unintentional injury is the 3rd leading cause of death in Lee County. However, among adults 1- 44, the leading cause of death is unintentional injury. Moreover, the second leading cause of unintentional injury deaths in Florida is falls. Since more than 35% of Lee County’s population is over the age of 60, this could be a contributing factor to the number of fall-related deaths in Fort Myers.

Steps in a Personal Injury Lawsuit in Fort Myers, FL

Once you determine that you wish to proceed forward with a personal injury action in Florida

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After consulting with your Fort Myers attorney, you must gather evidence, list your demands, and serve the defendant with a demand letter. If initial settlement negotiations fail, you will typically file a civil suit with the Florida Civil Courts. Specifically, Fort Myers residents will typically file with the 20th Judicial Circuit Court serving Lee County.

Florida Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Injuries in Fort Myers can be hard to avoid, and so are expensive medical bills. According to Consumer Health Ratings the average cost of an emergency room visit in Florida was $6,609. Depending on the medical facility you visit and your insurance, you could be liable for most if not all of the bill. After adding on other expenses such as property damage or work loss compensation, your personal injury claim could become significant. In addition, almost 20% of Lee County has no health coverage, which is higher than the Florida average rate.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in FL, that means you risk not receiving any compensation at all.

Damage Awards in Florida

If your Florida personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In Florida, there is no damage cap for personal injury cases on either economic or non-economic damages. However, according to the Florida Statutes, there are varying limits for punitive damages.

Statute of Limitations in Fort Myers, FL Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

According to Florida law the statute of limitations for a personal injury suit in Florida is four years. If you live in Fort Myers, this means you only have four years from the date of your injury to file a suit. However, if your injury suit involves a government agency or employee, the statute of limitations can be shorter.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Fort Myers, FL Lawyer

Pursue a personal injury claim in Fort Myers against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Florida state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!