When people see, hear, or read about a car accident in Fort Myers, they usually point their finger at the driver involved. But what doesn’t usually come to mind are the passengers who also suffer injuries, and also have a right to compensation for damages, including medical bills, lost wages, emotional pain, and property damage.
As stated by Florida law, you are entitled to make a personal injury claim; but depending on the circumstances, the law can become too complex to navigate on your own.
This is where we come in. At The Law Place, we know and understand the importance of having someone on your side that you can trust to fight for your rights and help you with your claim following an accident. We are a well-established and esteemed law firm with over 75 years of combined experience, defending cases in Fort Myers and across the state of Florida. If you are in need of a diligent car accident lawyer who will be committed to helping your personal injury claim and defending your rights, contact us today on (941) 444-4444 for a free consultation.
What Should I Do After an Accident in Fort Myers, FL?
- Inspect injuries – See if you are experiencing any pain. If you can move, check on other people involved in the crash. But if they are seriously injured, do not move them as it could cause more harm. If possible, cautiously move out of the way of oncoming traffic to a safer place.
- Call emergency services immediately – If you or anyone else is injured after a motor vehicle accident, then phone for an ambulance as soon as you can. It is also important to note that under Florida Statute 316.062, it is crucial that you contact the police if there are injured people or property damage.
- Accumulate evidence – If you are in a capable position to do so, gather as much evidence as possible, including a list of names, phone numbers, and vehicle information, as well as the contact details of witnesses. Use a phone or a camera to take photographs of the scene, including the vehicles, the road, and your own wounds.
- Seek medical treatment – Even if you did not need immediate medical attention following a car accident, it is of great importance for you to still see a doctor as soon as possible. It is possible that your injuries could be masked by adrenaline. As stated in Florida Statute 627.736, you have 14 days from the time of the car accident to get checked out at the hospital in order to receive compensation for your injuries.
- Get in touch with an attorney – Call The Law Place to handle your injury claim. It makes a huge difference if you seek representation from our law firm and start your personal injury claim quickly.
- Retain a journal – Keep notes on the effects that your injuries may have on your daily life, such as having to make new adjustments to help cope with the pain following an injury. It may benefit your claim if you keep hold of any documentation, such as medical bills, receipts, and evidence of lost income or salary.
Who Do I File a Personal Injury Claim Against in Fort Myers, FL?
As the passenger involved in an auto accident in Fort Myers, it can be unclear as to who you are filing a claim against. But as it usually comes down to the specifics of your circumstances, it is of utmost importance that you know the details of your case when you are figuring out who to make a claim against.
- As disclosed in Florida Statute 627.7407, Florida is a no-fault state, which means that even if the driver was not 100% at fault, you still have the option to claim against them and their insurance company. Remember that even if they did not own the vehicle that was involved in the accident, you could still file a claim.
- If it was the other driver that caused the crash, then you can claim against them and their insurance company.
- If the first two options are not at your disposal, then you can make a claim on your own insurance company.
Be aware and consider the information that you give to your car insurance company; only share the facts and avoid talking about the scale of your injuries. Like any big business, their focus is to profit on your personal injury claim, which also means they will likely want to pay you as little as possible after hearing about your accident. When you are seeking compensation in Fort Myers, look to The Law Place for assistance and unbiased advice so that you can have all the information and options in front of you to help make a well-informed decision.
Florida’s No-Fault Laws
In accordance with Florida Statute 627.736, it is mandatory for all drivers to have Personal Injury Protection (PIP) insurance. In Florida, the minimum PIP is $10,000 for injury. This is imperative as the (PIP) Insurance will pay for 80% of medical bills and 60% of lost income – and it also covers you as the passenger, regardless of who was at fault for the accident.
Although, you may have to claim from both drivers, as compensation can only be recovered up to the limits of the insurance policy. This depends on a few factors; the extent of your injuries, the number of people involved in the car accident, and the insurance limits of each driver.
Florida’s Comparative Fault System
In Florida, the responsibility for an accident can be divided between multiple parties, as written in Florida Statute 768.81.
As a passenger, you were most likely innocent in the situation. However, it is crucial that you have the facts straight as your driver may have been speeding, and another driver could have been running a red light. In this circumstance, they would share the responsibility. This makes it more complex to make a claim, which is why it is important to hire a proficient lawyer when making a personal injury claim.
Seek Medical Attention After an Accident
When a car accident happens in Fort Myers, you have a 14 day period to seek medical attention in order to make a claim as stated in Florida Statute 627.736. It will help your car accident lawyer to prove that your injuries were a consequence of the accident if you obtain medical attention straight away. It is possible that the adrenaline that you experience after the car crash might obscure the true extent of your injuries. Therefore, it is highly recommended to get yourself checked out, even if you think that you feel okay.
The Duty of Care
People in Fort Myers and throughout the state of Florida automatically have a duty of care when driving their car. They are expected to drive judiciously and in accordance with the law to ensure that passengers, other drivers, and pedestrians are safe and protected. If a driver is caught being negligent, and they fail to follow the rules of the road or become distracted behind the wheel, then they have violated this duty, and they could be facing a serious lawsuit.
As an injured passenger in a motor vehicle, you can claim for damages such as:
- Medical costs – Past, present, and future expenses as a result of the car accident. This may also include costs like hospital visits, rehabilitation, and transport to and from the hospital.
- Loss of income – Missing work as a result of the accident, in which case you deserve to be compensated for your lost wages and any lost earning potential.
- Property damage – As a passenger, vehicle damage is not your concern. But it is possible that you may have had belongings in the car that were damaged or broken in the accident.
- Pain and suffering – Damages include compensation for mental agony, emotional distress, and loss of enjoyment if you are left unable to do your favorite activities. It can be difficult to quantify experiences like this, and you will need a reputable car accident lawyer on your side to strengthen your case and reach the outcome that you deserve.
- Wrongful death – According to Florida Statute 768.21, if one of your loved ones was killed in a car accident, then you could be owed compensation for wrongful death and funeral expenses.
What Will The Law Place Do for Me After a Car Accident in Fort Myers, FL?
Over 90% of people who have received support from accident lawyers after an injury receive a payout that was worth 60% more than those without representation.
When you call The Law Place, there are three stages that will occur. Firstly, one of our car accident lawyers will provide a free review of your case. You will also have the opportunity to ask any questions that you may have. Secondly, we will arrange a free consultation where we will explain in detail how we can help you and our fee structure. Thirdly, if you decide to be represented by our law firm in Florida, we will conduct an investigation, contact the people involved, and focus on strengthening your case so that you can concentrate on your return to health.
At The Law Place, our accident lawyers work day in and day out to reach a fair settlement for your personal injury claim. It is our intention to fight for your case, and if that means going to court, then we will be at your side every step of the way.
How Much Will an Attorney Cost Me in Fort Myers?
At The Law Place, it is our duty to make sure that you get what you deserve. If your personal injury case is unsuccessful, you will not have to pay anything. When you first decide to be represented by our law firm in Fort Myers, you do not pay anything upfront either. Once the case is cleared, our fees are deducted from your settlement.
In Florida, the standard fee for a car accident lawyer is 33 1/3% if we reach a settlement without a lawsuit. But the fee climbs to 40% if we do have to file a lawsuit for you.
Our contingency work is regulated by the State Bar Association of Florida; our law firm adheres to these guidelines.
The Law Place
At The Law Place, we take personal injury claims seriously. If you or someone you know were a passenger involved in a motor vehicle accident in Fort Myers, then you need one of our adept lawyers on your side to ensure success.
If you feel like we can be of service to you, then contact our law firm for a free case review and some impartial advice. We know that you deserve compensation for your injuries, emotional pain and suffering, property damage, or wrongful death after a car accident. The phone lines of our law firm are open 24/7 so that you can call us at a time that suits you.
Contact us at (888) 224-6114 today, and we will make sure that you receive the right help and support for your case.