People are involved in car accidents on a daily basis. Sometimes, minor accidents cause little to no damage, like a low-impact fender bender or rear-end crash at a stop sign. However, car accident victims can be left with serious injuries and physical pain that affects them for the rest of their lives. If you have car accident injuries, you may be able to collect a settlement from the responsible party.
According to attorney Shaun Cummings, “Filing a car accident claim in Fort Myers can be complicated, but it is often the only way to cover the mounting medical expenses or other costs that follow an accident. If you are considering filing a claim, experienced car accident lawyers at Florin|Roebig, like myself, are here to help you through every part of the process.”
What To Know About Fort Myers Car Accident Claims
If you have been involved in a car accident, you can file a claim only if you can show the accident resulted from someone else’s negligence. The state of Florida allows at-fault motorists to file a claim in a car crash as long as another person was also negligent.
For accidents before March 24, 2023, you can file against other at-fault drivers for as little as 1% of the damages, known as pure comparative negligence, as long as you do so within four years of the accident or of an injury presenting.
New laws, however, only allow you to claim damages if you are less than 50% at fault for an accident under modified comparative negligence with the 50% bar rule. The statute of limitations with these laws is reduced to two years, making seeking legal representation after an automobile accident imperative.
If an auto accident involved road rage or malicious intent, your claim against the responsible party may be stronger. To determine if your car accident qualifies you to file a claim, please contact our office for a free case evaluation.
The Car Accident Claim-Filing Process
Your attorney can walk you through this process, but here’s a quick rundown of some of the most important steps.
If you’re able to do so, take the following actions when you’re in an accident:
- Document the scene with pictures, video, witness statements, and personal notes.
- Track all injuries, symptoms, and recovery.
- Seek medical treatment.
- Get the police report.
- Contact an attorney with years of experience, like those at Florin|Roebig.
- Begin filing a claim with your insurance company.
“If you start the last step before you’ve done the others, you may miss critical information that prevents you from receiving maximum compensation. I’ve had far too many potential clients accept an insurance settlement prematurely and wind up with nowhere near enough financial help for their situation,” states attorney Shaun Cummings.
Fault And Liability In Fort Myers, Florida, Car Accident Cases
Proving that fault and liability falls on other drivers can be challenging, and it’s vital to claiming negligence and protecting your legal rights. As a no-fault insurance state, Florida requires you to carry personal injury protection (PIP) and property damage liability (PDL) insurance plans to cover some medical expenses, auto repairs, and missed work checks.
But what happens when you didn’t cause a vehicle accident, are left with severe injuries to yourself or family members, and your PIP is maxed out? You know the answer if you’ve already connected with Florin|Roebig. If not, understand that a qualified car accident attorney will help prove that another driver was negligible and, therefore, at fault.
Once the responsible party has been determined, comparative negligence laws are applied to each fault percentage, deciding who can receive compensation and how much. Drivers can be found liable if they caused the accident, but if someone else owns the car (as an employer, parent, or other relationship to the driver), that person may also be liable through vicarious liability.
Alternatively, a driver may be liable under strict liability if their behavior may not have been negligent (which speaks to intent) but was found liable nonetheless. One example of this is a driver who speeds on a road because they missed the posted speed limit.
Regardless of your attorney’s chosen strategy, they must prove that the at-fault party knew their behavior could harm other drivers but did it anyway. This is known as a failure to use the duty of care.
Car Accident Rates In Fort Myers
Fort Myers is the county seat for Lee and the county’s commercial center. As of 2023, its population was 86,395.
These are the 2023 traffic accident statistics for Fort Myers/Lee County:
- 15,542 total accidents this year, including automobiles, bicycles, and motorcycles.
- 8,723 people reported injuries after their accident.
- 112 resulted in death.
- 17 were the result of alcohol and/or drug consumption.
Fort Myers’s Worst Intersections
All roads can contain hazards that make things difficult for even the most experienced driver. While no roads can guarantee 100% safety, there are roads in Lee County that Fort Myers residents should proceed with caution. Be sure to obey any and all traffic laws. These are Fort Myers’s most dangerous intersections:
- Six Mile Cypress Parkway and Colonial Blvd: this intersection as well as many other intersections crossing Six Mile Cypress Parkway have proven to be notoriously dangerous in Fort Myers, with the latest Six Mile Cypress Parkway fatality occurring on March 10th, 2022 near Penzance Boulevard.
- Cleveland Avenue and Colonial Boulevard: This busy, urban intersection is in the heart of Fort Myers. It is a four-way intersection with traffic lights controlling the flow of traffic. Drivers should be careful due to heavy traffic and congestion, especially during rush hour. The speed limit on Colonial Blvd is 45 mph, while it is 35mph on Cleveland Ave. Pay attention to bicyclists and pedestrians who may be crossing this dangerous intersection, especially at crosswalks. Be cautious when changing lanes as there are several lanes of traffic in each direction.
- US-41 and Daniels Parkway: Because of the high volume of traffic, multiple lanes, turning movements, poor visibility and lighting, and driver behavior, this intersection is considered dangerous for drivers. The intersection is in a busy commercial area with a high volume of both vehicular and pedestrian traffic. Drivers may find it difficult to navigate complex roadway designs, and a lack of proper lighting may make it difficult to see and react to hazards.
Ways The Accident Can Impact Your Life
The effects of a car accident can extend to the rest of your life, and it’s hard to predict exactly what those effects will look like when you file claims against the responsible party. If you’ve lost a loved one in a wrongful death, then you’ll never know what might have been.
If you’ve suffered severe injuries but are expected to make a full recovery over time, how you interact with the world will still be forever altered. If you’re never going to have a life that resembles what you had before the accident, how do you plan for such an unknown future?
These are all factors that your attorney will consider while working on your case. How severe your injuries are, if you’re expected to recover physically but will still carry mental trauma, and if you’re going to be doing life significantly differently moving forward.
Determining the damages you may receive for your claim depends on the facts surrounding your case, including how your injuries affected your finances and overall life.
Some of the types of damages compensation you may receive could cover:
- Medical bills and future medical expenses
- Lost wages and lost ability to earn money
- Effects on your personal life, such as loss of enjoyment
- Pain and suffering
- Property damage
- Punitive damages
Not all car accident claims will include every type of damage. Punitive damages, for example, are rare and meant to punish the at-fault party rather than reimburse the injured party. Speak to a knowledgeable Fort Myers car accident attorney who can review your case, your expenses, and more to see which damages you can claim.
Florin|Roebig is happy to walk you through where you stand and what you can expect. Florida is currently applying two different comparative negligence systems, depending on when your accident occurred. It’s particularly important to seek appropriate legal advice to know which laws affect your case.
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What To Do After A Car Accident In Fort Myers
Immediately following a crash, your first steps should be to handle your well-being and that of your loved ones. If you can, check on other vehicles, but avoid any form of apology, as this can be misconstrued as accepting responsibility. Contact first responders and see medical professionals within 14 days of the accident, even if you feel completely fine.
Take pictures, videos, notes, and witness statements on the accident scene if you can. You never know what evidence might be significant while arguing your claim.
When the police report is ready, get a copy and read it thoroughly. Compare it to your notes of what happened, and make sure the statements in it are accurate. These are official records, but they may include inaccurate information that can hurt your case.
When you think your injuries and damage are significant enough, you should reach out to an attorney who can help you deal with insurance companies, insurance adjusters, and other lawyers. Try to file your insurance claim only after you’ve spoken with an attorney, especially in more serious accidents.
Otherwise, you may accept fault and low settlements, leaving you struggling to pay bills and manage your care. You deserve fair compensation when you’re injured because of someone else’s negligence.
How Florin|Roebig Can Help With Your Car Accident Claim
It is possible to file a car accident claim without the help of an attorney. However, hiring an accident attorney is recommended because of the complexity of these cases and the importance of collecting a fair settlement.
Choosing the right professional to represent you is essential because your lawyer will play such an important role in your case. For car accident victims, filing a claim is the best way to collect much-needed compensation. However, the process can be lengthy and daunting.
At Florin|Roebig, we have a legal team of experienced attorneys who serve clients with car accident claims in Fort Myers. We will take the time to learn about your case and provide legal advice to help you make the best decisions for your future. Please contact our office today to learn more about our services or to schedule a free consultation with a member of our team.
FAQs About Fort Myers Car Accident Lawyers
How much does an attorney charge for a car accident in Florida?
It depends on whether you win your car accident claim because most attorneys on car wreck claims work on a contingency fee basis. They only get paid when they win, ranging from 15-40% of your settlement award.
Speaking with Florin|Roebig will help you understand if you have a valid claim and what any fees might be.
How much can someone sue for a car accident in Florida?
Florida law and the dollar amounts vary, but you can sue for economic damages (exact expenses for medical care and property damage), non-economic damages (hypothetical expenses for pain and suffering), and punitive damages (financial penalties for the negligent party).
Medical records that outline severe consequences of the accident, such as amputation, disfigurement, spinal or traumatic brain injuries, and fatalities, will help prove that the responsible party should pay for their poor choices.
Florin|Roebig can help you put a number to your damages, so reach out to us today with any questions about your case.
Should I call a lawyer after a car accident in Florida?
It doesn’t hurt to check with an attorney when you’ve been in a car accident. They can clarify whether your damage or injuries are severe enough to file a claim or if there’s some reason you shouldn’t. Speaking with a qualified legal representative will clear up any questions you may have quickly.
How long after a car accident can you sue in Florida?
The answer depends on how long ago your accident occurred. Generally speaking, you may have two to four years. Contact us at Florin|Roebig, and we can walk you through the statute of limitations that applies to your car accident claim.
List Of Top-Rated Car Accident Attorneys Serving Fort Myers
It is possible to file a car accident claim without the help of an attorney. However, because of the complexity of these cases and the importance of collecting a fair settlement, hiring an accident attorney is recommended.
Because your personal injury lawyer will play such an important role in your case, choosing the right professional to represent you is essential. At Florin|Roebig, we have a legal team of experienced attorneys who serve clients in Fort Myers.
For every year since the inception of the honor in 2010, Florin|Roebig has been selected as one of the “Best Law Firms in America” by “US News and World Report” and “Best Lawyers in America.”
Some of the members of our esteemed legal team include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Luca G Esposito
- Michael A. Ossi, O.C.
With over 30 years of experience, our law firm has successfully won over $1 billion in settlements from personal injury cases by providing our clients with high-quality legal representation.
We Are Nationally Awarded Lawyers
How To Get Help From Florin|Roebig Florida Car Accident Attorneys
Whether you’re unsure of your car accident claim eligibility, ready to file, or somewhere in between, Florin|Roebig is available to help. Our online chat or fillable form can be found on our contact page, and you can also call us at one of the phone numbers listed on our website.
Our Fort Myers office is located at:
9160 Forum Corporate Parkway
Suite 310
Fort Myers, FL 33905
Florin|Roebig law firm has served Americans in Southwest Florida, including Fort Myers, Naples, Cape Coral, Lehigh Acres, and across the state, for over 30 years. We’re here to help move your car accident claim along and get you the compensation you deserve.