The Lee County area of North Fort Myers draws residents with its charming blend of town and country atmosphere, its nature trails, and the opportunity to view endangered manatees, but car accidents are still a common reality among the natural riches of the area. In 2023, there were 15,452 car crashes in Lee County, which led to 8,723 injuries and 124 deaths.
When you’re injured in a car accident, your whole world can change in that instant, leading to chronic physical and emotional pain, an inability to work, steep medical bills, and more. A car accident lawyer can help you navigate filing a compensation claim. Read on to learn more about the laws, legal processes, and other aspects particular to filing an auto accident claim in North Fort Myers.
The Car Accident Claim-Filing Process
Filing an auto accident claim in North Fort Myers typically involves the following steps.
- Document injuries and damages by taking pictures of your injuries, car damage, and the accident scene.
- File a police report by calling the cops to the scene of the accident and cooperating with their investigation. They’ll file an incident report, which you can request later to use as evidence in your claim.
- Notify your insurance company that you were involved in a crash as soon as you can.
- Gather evidence like pictures of the scene, the police report, medical bills, etc. Make digital copies and keep physical evidence in one place.
- Seek legal advice from a car accident attorney. You can get a better idea of what to do next and determine whether you need a lawyer by scheduling a case review, which is often free.
The Importance of Hiring a Car Accident Lawyer
If you want the best outcome possible for your auto accident case, seriously consider hiring a North Fort Myers car accident lawyer. An experienced attorney can make the claim filing process much easier and maximize your compensation.
Hiring an experienced car accident lawyer can help you:
- Navigate complex legal issues
- Maximize compensation
- Help negotiate medical bills
- Protect your legal rights
Triple board-certified attorney Tommy D. Roebig says, “Many of our clients aren’t aware that certain things like medical bills and insurance claims can be negotiated, much less how much is reasonable to expect in their specific case. Car accident attorneys have the legal knowledge, training, and incentive to win you as much compensation as possible.”
Florin|Roebig has a proud history of winning record-breaking compensation awards for their clients across Florida, with an average of over $1 million per case. Find out how the experts at Florin|Roebig can help you by scheduling a free case evaluation.
State Laws For Car Accident Cases
North Fort Myers follows Florida and Lee County laws, which can have a big impact on your car accident case in many ways.
Traffic Laws
North Fort Myers and Lee County, as well as Florida, have specific traffic laws and ordinances that will likely be central to showing whether you or another party were partially or entirely responsible for an accident. Witnesses or cameras may indicate that someone didn’t stop at a stop sign or red light, wasn’t following the speed limit, or broke other laws like driving at night with a headlight out or turning without signaling.
Insurance Coverage Requirements
All Florida-registered vehicles must have the following car insurance coverage:
- Personal Injury Protection (PIP): PIP covers 80% (up to $10,000) of all “necessary and reasonable” medical expenses for an injury covered under the plan.
- Personal Damage Liability (PDL): PDL covers $10,000 of another driver’s vehicle or property damage in an accident if you’re at fault.
Tommy Roebig advises, “It’s crucial to seek medical attention as soon as possible after an accident. Do it for your health above all, but also because of Florida’s 14-Day PIP rule. Personal Injury Protection insurance requires you to seek medical treatment within 14 days to be reimbursed.”
The No-fault System
North Fort Myers abides by Florida’s no-fault system. Under the no-fault law, all vehicles registered in Florida must be covered by certain insurance and, in the case of an accident, the parties involved have to turn to their own insurance (a first-party claim) to cover their injuries.
However, fault is still important for covering vehicle damage and more serious injuries. For these, a car accident victim can file a claim against the at-fault party’s insurer (a third-party claim).
Third-party car accident claims require injuries that cause at least one of the following:
- Severe and permanent loss of an important bodily function
- Permanent injury
- Severe and permanent scarring or disfigurement
- Death
Legal Remedies Available To Accident Victims
North Fort Myers car accident victims can seek compensation in a few ways.
- First-party personal injury claims: First-party claims usually cover some injury-related expenses, which are generally easy and quick to secure. However, if you were badly injured, they may not cover all of your expenses and won’t compensate you for losses like pain and suffering.
- Third-party personal injury claims: Third-party claims can cover non-injury-related and non-monetary losses such as vehicle damage and pain and suffering. It can also cover serious financial losses related to your injuries. However, these claims can be difficult to win.
- Personal injury lawsuits: If a settlement can’t be reached after filing a third-party claim, you may need to file a lawsuit with the Lee County court to pressure the insurer to come to a table with a fair offer. If you still can’t reach an agreement, your case will go to trial, where a judge or jury will decide if and how much you’re awarded.
Fault In Car Accidents
Fault is a term used in car accident cases to describe who is responsible for causing the accident. In North Fort Myers, anyone involved in the accident can be partially at fault. Fault is usually determined based on negligence—a failure to take proper care while doing something like operating a motor vehicle.
Your lawyer will do their best to show the other party’s negligence through evidence like traffic violations, reckless driving, and more.
Liability In Car Accident Cases
When someone is harmed in an accident, the liable party is whoever’s legally responsible for compensating the victim.
Car accident cases in North Fort Myers may use the following to help determine liability:
- Negligence: The more negligent someone is found to be, the more liable they usually are for compensation.
- Strict liability: Sometimes car accidents happen or are made worse because of defective parts like tires or airbags. In these cases, an entity like a manufacturer may be liable for compensating accident victims regardless of whether the manufacturer was negligent or not. This is known as strict liability.
- Vicarious liability: In cases where an employee causes an accident while on the job, the employer may be responsible for compensating any victims. When one party is responsible for compensation due to the actions of another, it’s called vicarious liability.
Our Featured Case Results
Consideration Of Negligence, Degree Of Fault
As of March 24, 2023, the state of Florida considers modified comparative negligence when evaluating a car accident claim. This means that in the court’s eyes, both parties may have some fault for the accident, but if one party is 51% or more at fault, they cannot seek compensation.
The person who gets compensated may have the amount reduced by a percentage based on how much fault is legally theirs. For example, if you’re ruled 10% at fault, you’ll receive 90% of your due compensation.
One of the critical jobs of your car accident lawyer in North Fort Myers is to show that the other party’s percentage is much higher than yours because this maximizes your damages. The other side will likely have car accident lawyers try to shift more negligence onto you to reduce the damages their clients have to pay.
Ways The Accident Can Impact Your Life
A car accident can lead to all kinds of challenges—physical, financial, and emotional.
Some common struggles after a car accident include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of intimacy with a spouse or partner
- Permanent disability or disfigurement
- Death of a loved one
Car accident resources in North Fort Myers may include:
- Emergency services
- Medical care providers
- Insurance companies
- Therapy and support groups for accident survivors
- Victim advocacy services
- Government agencies
- Nonprofit community safety organizations
- Car accident attorneys
Law firms can serve as a key resource for car accident victims, even if you decide not to work with a lawyer. The legal experts at Florin|Roebig are here to help answer your questions and help you figure out what to do after your car accident. Reach out today for a free case evaluation.
What To Do After A Car Accident
After a car accident in North Fort Myers, prioritize your well-being and that of your loved ones by getting medical attention promptly if you’re injured. However, if you’re able, taking certain actions at the scene of the accident can make your claims process smoother and more successful.
After a car accident in North Fort Myers:
- Check for injuries and seek medical attention as soon as possible for your health and to create a record of your injuries.
- Contact law enforcement to report the crash and to get an accident report filed that you can use in your claim later.
- Gather information such as witness contact information at the accident scene.
- Document the accident scene by taking photos.
How Florin|Roebig Can Help With Your Car Accident Claim
If you’ve been injured or lost a loved one in a car accident in North Fort Myers, you could file your claim without car accident attorneys. However, having car accident lawyers on your side during this trying time can lower your stress and workload and result in higher compensation.
Florin Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
The team of car accident attorneys at Florin|Roebig was voted “Best Law Firms in America” since 2010 by U.S. News & World Report and Best Lawyers in America. They’re prepared to file your car accident claim in North Fort Myers and go to trial if needed to get you the damages you deserve.
Frequently Asked Questions
How much does an attorney charge for a car accident in North Fort Myers?
Most car accident attorneys charge between 25-40% of your compensation for their services. If you don’t get compensation, you won’t be charged.
How much can someone sue for a car accident in North Fort Myers?
Florida has no cap on the amount you can win in damages in court. Although insurance companies don’t pay as much in settlements out of court, there is also no cap on settlement amounts. Contact a lawyer to get an idea of how much your case is likely worth.
How long after a car accident can you sue in Florida?
You generally have two years to sue after a car accident in Florida, though there are exceptions. Contact your attorney to confirm how long you have to file a claim or a lawsuit.
List Of Car Accident Attorneys Serving North Fort Myers
Florin|Roebig has represented car accident victims in Florida for over 30 years and has an office right in Fort Myers. The legal experts at Florin|Roebig are happy to help answer your questions and put their extensive knowledge and experience to work to get you the compensation you deserve.
Our car accident lawyers serving clients in North Fort Myers include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- John J. Hart
- Michael A. Ossi, O.C.
We Are Nationally Awarded Lawyers
If you are interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7
- For more information regarding our services and free consultations, you can email us at [email protected]
- Or you can reach us at an office near you below.
Fort Myers Office
9160 Forum Corporate Parkway
Suite 310
Fort Myers, FL 33905
If you’ve suffered because of the negligence of someone else, it’s time to get in touch with car accident attorneys. The team of lawyers at Florin|Roebig have over 30 years of trial experience and a track record of winning substantial damages for their clients.
Don’t try to navigate the complex world of filing a car accident claim in North Fort Myers alone. Please contact us for a free consultation today.
