If you’re bringing a personal injury claim here in Fort Myers, FL, it’s normal to feel stressed about the medical bills piling up as the case is negotiated. Your personal injury lawyer can not only help you with the case itself but also help you work through a combination of insurance coverage and deferred payment agreements to deal with these bills until you get reimbursement from a settlement or judgment.
For Car Accidents
Florida is a “no-fault” state for car accidents, and this means every driver must carry at least $10,000 in Personal Injury Protection (PIP) insurance. PIP covers 80% of your reasonable and necessary medical expenses, up to the policy limit, and 60% of your lost wages if you’re unable to work while you recover. To use your PIP coverage, you must seek medical treatment within 14 days of the accident.
PIP will pay your medical providers directly while your case is pending, regardless of who was at fault, and the insurance company is required by law to pay within 30 days of the date you submit your claim. However, they do have 60 days to investigate the claim. This coverage is often the first source of payment for bills in auto accident cases, though it’s often insufficient, as $10,000 doesn’t go very far.
The first step in getting the compensation that you deserve after an injury comes as you choose your Fort Myers, FL personal injury attorney. Your first meeting with your attorney is an important one. Here’s what to bring to that first consultation.
All the Essential Documents
You’ll need documents identifying you and providing your phone number, email, and mailing addresses. If you are bringing a claim on behalf of a minor or an incapacitated person, you’ll need to bring the legal documents showing that you are the guardian or legal representative of that person.
Every personal injury case is unique, and the total settlement is always going to depend on what injuries you’ve sustained and the precise circumstances of your case. Following is some general information, but you need to talk with a Fort Myers injury attorney as soon as possible to present the details of your case and get a better idea of what you personally can expect.
Nationwide, there’s an incredible amount of variety depending on the type of personal injury you’re talking about. But on average, over the last 20 years, half of all people who brought a personal injury claim received $24,000 or less. The average amount for all cases of all types was $31,000, but the average for various types of cases can be quite different. For example, the average for a car accident case is just $16,000, while the average for a medical malpractice case is $679,000. For product liability, the average is $748,000, and for a slip-and-fall or other premises liability case, the average is $90,000. Here in Florida, car accident settlements do tend to be slightly higher because of Florida’s no-fault insurance system. This because in the smaller cases the respective drivers’ own insurance kicks in, regardless of who is at fault. You can’t bring a claim unless your injuries and losses are particularly bad.
Can I File a Claim If I Was Partially at Fault?
If you’ve been in an accident and injured, you can bring a claim for your losses and damages even if you’re partially at fault. However, things can get tricky when you’re partially to blame for your accident, and a Fort Myers personal injury attorney can help you work out what to do and protect your settlement.
According to Florida law, anyone who is 50% or less at fault can bring a claim, though the final damages you collect will be reduced by the same amount as your fault. So if you are 50% at fault, you would only be able to claim 50% of your damages.The reason two parties can both bring a claim when they’re equally at fault is simply that, while blame may be shared equally, consequences may not. For example, in an accident involving a car and a bike, the driver and rider might be equally to blame for causing it; but it’s highly likely the rider will have greater injuries and losses. By allowing both to make a claim and get 50% of their losses, the law allows the actual burden of the shared fault to be equally apportioned.
If you’ve been injured in an accident, it’s likely that you are facing medical bills and other expenses, and often at a time when you can’t work. With no money coming in and lots of money going out, it’s natural to be worried that hiring an injury attorney in Fort Myers, FL will only make things financially worse. The good news is that personal injury lawyers work on a contingency basis.
A contingency fee arrangement is when a lawyer agrees to work for you and take payment only if you win your case or successfully get a settlement. The lawyer’s fee will be a percentage of your settlement. This means you have no lawyer’s fees and owe the lawyer nothing if you lose your case. There are several other benefits to this arrangement, too:
When you suffer injuries in an accident, the strength of your personal injury claim depends on the quality and quantity of evidence you present. Our team can help you understand the legal standards you must meet under Florida law to hold another party accountable for acts of negligence. You need to show not only that the other party was at fault but also that the accident directly caused your injuries and losses. With the help of an accident attorney in Fort Myers, FL, you can ensure a smooth path to compensation.
Photos and Video Footage
Images taken at the scene help establish the circumstances that led to your accident. Photos of damaged vehicles, skid marks, defective sidewalks, hazardous conditions, or poor lighting provide important visual documentation. If surveillance footage from nearby businesses or dashcams exists, it can be used to verify timing, impact, and fault. You should act quickly because many security systems delete footage within days unless otherwise preserved.
Do I Need a Lawyer for a Minor Injury?
After suffering an injury, it can be difficult to decide whether you should hire a lawyer, especially if the injury appears to be of little significance. You might wonder whether the cost of legal representation is justified or whether you can manage the process yourself. Even seemingly minor injuries can lead to complications that impact your claim under Florida law, however, and with the help of a personal injury attorney in Fort Myers, FL, you can determine whether you are eligible for compensation.
How Minor Injuries Can Escalate
One reason to consider legal representation is that minor injuries do not always stay minor. Some injuries, such as soft tissue damage or mild head trauma, may worsen over time or reveal complications that were not immediately apparent at the time of the accident. If you accept an early settlement offer without fully understanding your medical prognosis, you could leave yourself responsible for costs that arise later.
What Mistakes Should I Avoid After an Accident?
After an accident in Florida, your decisions can directly affect your ability to recover compensation. While every case is different, certain missteps consistently put claimants at a disadvantage. To protect your claim, a Fort Myers accident attorney can help you understand what to avoid and how to comply with Florida law.
Delaying Medical Attention
Failing to seek medical care right after an accident is one of the most common and harmful errors. In Florida, your Personal Injury Protection (PIP) coverage only applies if you receive initial treatment within 14 days of the crash. If you miss this deadline, your auto insurer may deny your PIP benefits entirely. Even if you believe your injuries are minor, you need documentation from a licensed provider to support any future claims. Waiting too long allows the insurer to argue that your injuries are unrelated to the accident or were caused by something else.
How Is Fault Determined Personal Injury Cases?
Assigning fault to the parties involved in a personal injury case is often complicated, as many considerations factor into the final determination. The concept of negligence is at the heart of this process, and an experienced personal injury attorney in Fort Myers, FL, can use available evidence to establish fault and get you the compensation you deserve.
Determining Liability
When attempting to establish fault in a personal injury case, the concept of “negligence” is vitally important in determining the liability of the involved parties. Someone is considered negligent if they fail to use the degree of caution that a reasonable person would exercise under similar circumstances. For example, if a person engages in an activity that wrongfully puts others at an unreasonable risk, that party may assume liability for the injury.
Florida laws concerning car accidents and personal injury claims can be complicated. With help from an accident attorney in Fort Myers, FL, you may seek compensation from the negligent party that covers your losses incurred, including pain and suffering. However, only certain cases may qualify. Below, we’ll explain more about pain and suffering in Florida and how a personal injury can help you pursue your accident claim.
Florida Uses the No-Fault System for Car Crashes
Florida is one of only a handful of states that use a ‘no-fault’ system for car accidents. This means your own insurance coverage will cover financial losses from the accident, like medical bills, no matter who caused the accident. If a crash only caused minor injuries, the plaintiff is limited to their personal injury protection policy to cover financial losses from the accident.
