In the world we live in today, there are so many ways in which a person can come to harm. However, we often go through life without thinking about all the possibility of sustaining serious bodily injuries until it becomes a reality. Driving, for example, is an ordinary activity that feels second nature to those who travel every day. Yet, the risks are high when you are in a vehicle whether it’s a car, motorcycle, or public transport. Similarly, slips and falls happen daily all around the world, yet we don’t spend all our time anticipating them. So, when disaster strikes and you suffer a serious bodily injury, it can be difficult to know exactly where to turn for help.
At The Law Place, we have worked with hundreds of clients who have also suffered a personal injury at the hands of someone else. We know exactly how to build and fight accident cases, defending your right to compensation every step of the way. We have over 75 years of combined experience in navigating the complex Florida legal system and corresponding with large insurance companies on behalf of our clients. You should never have to deal with the suffering caused by someone else without being properly compensated. This is why we will fight for justice, getting you a fair settlement and your life back on track.
If you or a loved one has suffered a serious personal injury in Fort Myers, FL., that wasn’t your fault, then you need to hire a personal injury attorney with the right experience to represent you. We offer a free consultation service so that you have the opportunity to ask questions and get impartial legal advice, all before making any final decisions. Our lines are open 14 hours a day, 7 days a week, so call us now to schedule an appointment.
Defining a Serious Bodily Injury Under Florida State Law
Whilst the word ‘serious’ can be vague, having a different meaning to every individual, the exact definition of what the law considers a serious injury is outlined in Florida Statute 316.027. It reads:
‘Serious bodily injury means an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.’
You may be unsure if what you have faced is legally considered serious bodily harm. This is why it is important to contact a Fort Myers personal injury attorney as quickly as possible. They will be able to review the details of your case and tell you exactly what compensation you are entitled to. Anyone who is involved with assault or battery in Florida faces a third-degree felony charge. This comes with some severe penalties, including prison time, a large fine, a long probation period, and a lifelong criminal record. Alternatively, they may face a second-degree felony subject to the seriousness of their actions and the circumstances in which the injuries were inflicted. Call us now to schedule your case evaluation and see just how much you are entitled to claim!
What Are the Most Common Causes of Injuries in Fort Myers, FL?
There are so many potential causes of harm in life that we couldn’t possibly be cautious all the time and still live happily. Of course, some of these occur more often than others, which is why our team of personal injury attorneys has worked on these cases time and time again. Some common causes are:
- Car, truck, and motorcycle accidents happen every day on the roads of Fort Myers, FL. The faster a vehicle is traveling and the more it weighs increases the chances of a victim sustaining a serious bodily injury. In fact, there are approximately 400,000 motor vehicle accidents in Florida every year, according to the Florida Department of Highway Safety and Motor Vehicles (FHSMV).
- Slip and fall accidents.
- Animal attacks.
- Assault and battery inflicted by another.
- Malpractice when receiving medical or surgical care.
Undoubtedly, auto accidents cause more serious bodily injury cases than any other item on this list. The State of Florida often requires its inhabitants to use their vehicles to travel almost everywhere, not to mention the importance of these roads for commerce and trade. That is why we see such a high volume of traffic every day, but the more vehicles there are, the higher the risk is for those inside them. In fact, a study released by the U.S. National Library of Medicine stated that over 70% of reported chest traumas in the United States occur during car accidents.
No matter the reason, if you have suffered serious bodily injury, then you need a Fort Myers personal injury lawyer today. Working with an experienced attorney will maximize your chances of recovering a fair settlement. Call us today to find out how much you are entitled to.
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How Is Liability Proven in Serious Bodily Injury Law?
Before you receive anything, your personal injury lawyer will need to gather enough evidence to prove that another party is, in fact, at fault. In order to do this, they will need to show that they broke their duty of care which is due under almost every circumstance. If you are behind the wheel of a car, for example, then you are legally obliged to ensure that you do not endanger the safety of those around you. This also applies to anyone who owns property. The law says that a property owner is responsible for keeping their premises free of objects or substances which have the potential to cause an accident.
In order to prove the liability of the other party, your personal injury attorney must provide evidence proving the following:
- You were owed a duty of care by the other party.
- This duty of care was broken by the other party.
- This resulted in you receiving serious bodily injuries.
In breaking their duty of care, the at-fault party would be found to have acted negligently, as per Florida Statute 768.81. When it comes to slip and fall cases, however, Florida Statute 768.075 contains all the relevant information concerning premises liability.
No matter if you have been involved in a car accident, a slip and fall, or anything in between, our Fort Myers personal injury lawyers are here for you. Call The Law Place today to speak with a member of our team and find out just how much you are owed.
We’re Florida’s top litigation team with over 75 years of combined experience
Comparative Fault in Florida Personal Injury Law
The details of the comparative fault laws in Florida are outlined under Florida Statute 768.81 and are extremely important to know about if you are filing a personal injury case in Fort Myers, FL.
The comparative negligence statute states that the victim of a serious bodily injury case can also be found partly responsible for the accident. Maybe you were speeding or driving recklessly, and these actions played a part in the accident. In the case of a slip and fall claim, you could be found partly responsible if you were wearing inappropriate footwear for the environment.
If you are found partially responsible in a court of law, then your final settlement will be reduced by this amount. So, in the event that you were speeding and are found to be 25% responsible for your accident and you are awarded $20,000, you would receive $15,000 in the end.
Fortunately, the right personal injury lawyer will be able to create a strong enough case to prove that you were not the cause of your accident. At The Law Place, our team has enough experience to build a case that can match the greedy tactics of large corporations like insurance companies. Always contact a personal injury lawyer, no matter how responsible you feel. Our free case evaluation will be a good opportunity to get impartial legal advice and find out the strength of your claim.
From the initial call to updates on your case status, we are here to get you answers.
What Are the Insurance Requirements in an Auto Accident Injury Case?
The State of Florida’s no-fault insurance laws is set out in Florida Statue 627.7407. It is important to fully understand exactly what no-fault means as it can seriously affect the validity of your claim.
Florida’s no-fault laws state that every driver is responsible for acquiring their own valid insurance policy. This law applies to both innocent and at-fault parties. Therefore, in order to be eligible for compensation, you must already be in possession of Personal Injury Protection insurance, or PIP.
Refer to Florida Statute 627.736 if you would like to read further information regarding this, but in short, this statute states that every driver in Fort Myers, FL., is required to hold a minimum of $10,000 of Personal Injury Protection insurance which covers the cost of injury or disability as the result of an incident such as a car accident. Of this amount, $5,000 is available to those who are claiming for wrongful death.
If you have been involved in an accident that resulted in serious personal bodily injury and your claim exceeds the amount of PIP you hold, your case will go before a judge. We recommend that you hire an experienced personal injury lawyer in any case, but if you need to go to court, then the representation of your lawyer will be invaluable. It can mean the difference between a fair settlement and a settlement that doesn’t cover all the expenses you have faced.
Which Types of Injury Are Considered Serious Under Florida Law?
So now that you know what is considered serious bodily injury in Fort Myers, FL., you must be wondering exactly what injuries can be included in your claim. The following is a list of common injuries that you may have experienced:
- Amputated limbs.
- Spinal cord injuries.
- Broken bones and fractures that difficult to recover from.
- Head trauma.
- Brain injuries.
- Abrasions, burns, or soft tissue damage that are life-threatening.
- Severe disfigurements or scars.
- Mobility issues such as paralysis.
Whilst this is a number of common injuries, it is by no means an entirely comprehensive list. If you have suffered a serious injury that was not included, you should contact a personal injury attorney to find out if you are eligible to claim compensation for your suffering. In contacting The Law Place, we will make sure that you are provided with confidential advice that makes clear exactly what kind of claim you can make.
What Damages Can a Fort Myers Personal Injury Lawyer Help Me to Claim For?
When it comes to filing a serious bodily injury claim, there are numerous factors that you can include in your case, and you have the right to claim for every single one that has affected you. Do not think that you have to bear the costs of the ordeal you have faced. The law has been designed in such a way that ensures that victims are able to receive monetary compensation for their suffering, giving them the chance to recover without having long-term financial difficulties. It is your insurance company that will be the thing standing between you and a fair settlement. Hiring a personal injury lawyer will be your best chance at making sure their greed does not win in the long run.
We have outlined exactly what you are entitled to claim for below. However, the best way to know what you can include in your claim is to contact an attorney as soon as possible.
Raising a Claim to Cover the Cost of Your Medical Bills
It is an unfortunate fact that medical expenses in the United States are some of the most expensive in the world. However, when you are facing a serious bodily injury, bills mount at an incredibly fast rate and can easily become overwhelming. It will be no surprise to learn that the most common cause of bankruptcy in America is medical bills.
Despite this fact, a personal injury lawyer will be able to recover the costs that have put you out of pocket. You are also entitled to claim for any future expenses that you will face, whether it’s prescriptions, travel to and from appointments, or ongoing treatments like physiotherapy.
Keeping all documentation of the care that you have received is extremely important. This will all be used as evidence later down the line to support your claim, so ensure that you provide your attorney with every bill that you have received.
Raising a Claim to Cover Lost Wages
It goes without saying that anyone who has suffered a serious bodily injury will need to take time off work. However, this often leaves families financially unstable and unable to cover the cost of their medical expenses as well as other bills.
Many jobs do not come with the reassurance of paid sick leave and end up leaving people struggling to provide for their families and themselves. You can include any past, present, and future losses of income that you are facing. Evidence to prove this includes the messages that have passed between you and your employer, showing that you have not received any income as a result of your accident.
Raising a Claim for Property Damage
Some types of accidents, such as car accidents, inevitably lead to the victim experiencing damage to their property. Your Florida personal injury lawyer will be able to calculate the exact cost of this damage and include it in your claim.
Any possessions that have been damaged in your accident can be included in your claim, even down to your cell phone. This money can be the difference between you being able to live life normally, especially when your vehicle has been damaged, and being unable to travel to and from work or collect your kids from school.
Raising a Pain and Suffering Claim
Serious bodily injuries often lead to victims experiencing a variety of types of pain and suffering. Whilst this can be hard to put an exact monetary value on, an attorney will be able to calculate exactly how much you can claim. Some factors that will be considered include the amount of time your recovery took, the pain that you experienced, and the stress that your accident put on you financially and emotionally.
It is important to know that insurance companies often refute pain and suffering claims in an attempt to reduce the final settlement figure. However, with the right representation, you will be able to build a case that is strong enough to prevent them from using their usual tactics.
Raising a Claim in the Event of the Wrongful Death of a Loved One
In the worst kind of accidents, a person can lose their lives and leave their family with the tragedy of their death and the financial responsibility of their loss. Florida Statute 768.21 protects those facing such a situation and gives them the chance to recover the costs of funeral expenses and losses of income.
Contact The Law Place Today
If you or a loved one has experienced a serious bodily injury, then you may be entitled to compensation that covers the cost of your suffering. No matter the cause of your accident, you need the help of an experienced Fort Myers personal injury attorney to represent you and ensure that you are fairly compensated.
At The Law Place, we understand that Florida’s legal system is complex and can be extremely stressful to navigate. This is where we come in. Our team has over 75 years of combined experience in representing clients with cases just like yours.
Call us today to arrange a free consultation with one of our personal injury lawyers and see just how much you are entitled to. Our lines are open 24 hours a day, 7 days a week so contact us now.