When you suffer injuries because of someone else’s careless or reckless behavior, Florida law gives you a path to compensation for your medical care, lost wages, and other damages. Often, this calls for filing a liability insurance claim based on the at-fault party’s policy or filing a personal injury lawsuit in civil court.
At the Law Firm of Anidjar & Levine, our personal injury attorneys have the skill and resources to handle any type of negligence claim. Call us today at 800-747-3733 to schedule a free case review with a personal injury lawyer in Fort Myers. With an expansive network of professionals that reaches throughout South Florida, there is sure to be a lawyer ready to help when you need it most.
How Do Personal Injuries Happen in Fort Myers?
Negligence leads to personal injuries in a variety of ways. Almost any type of careless or reckless action can cause another person to suffer injuries and require medical care. If this happens to you, you may be eligible to file an insurance claim or a civil suit for compensation.
Some of the ways we see our clients suffer personal injuries include:
- Boating accidents;
- Brain injuries;
- Children’s injuries;
- Defective products;
- Electric shock;
- Head-on collisions;
- Medical malpractice;
- Motorcycle accidents;
- Nursing home abuse and neglect;
- Pedestrian accidents;
- Rear-end accidents;
- Side-impact collisions;
- Slip and fall injuries;
- Spinal injuries;
- Swimming pool accidents; and
- Truck and big rig accidents.
No matter what type of accident caused your injuries, we can help you evaluate your situation and identify your legal options for financial recovery. Then, we can navigate the claims process for you and ensure you get the maximum amount of compensation you deserve for your personal injuries.
What Role Does Negligence Play in Personal Injury Accidents?
To prove a personal injury case, we need to collect evidence to show the at-fault party acted in a negligent manner and this directly caused your injuries. If we cannot prove the other party acted negligently, we do not have a case against them. To document their negligence, we need to show:
- They had a certain obligation to follow specific rules or act in a certain way to prevent harm to others;
- They failed to follow these rules;
- Their failure caused your injuries; and
- You suffered actual physical, emotional, and financial damages.
We can prove this by collecting a wide range of evidence about your accident and the injuries you sustained. Depending on how your injuries occurred, this evidence can vary. It often includes:
- Reports from police or other first responders;
- Pictures or video of the scene;
- Surveillance video of the incident, if possible;
- Witness testimony;
- Expert witness opinions; and
- Documentation of your injuries and treatment.
What If I Played a Role in Causing My Accident Injuries?
In some cases, the at-fault party may try to blame you for your own injuries. The bottom line is that there are some times that the victim does contribute to their injuries. If this occurred in your case, you can still collect compensation. However, the state’s comparative negligence laws reduce the amount of compensation you can recover based on the percentage of fault you carry. This is why we work to minimize the blame our clients share in their injuries and mitigate the impact this has on their payout.
One situation when we commonly see comparative negligence in personal injury accidents is when someone wears shoes that do not have adequate grip and then suffers injuries in a slip and fall accident. In a case like this, the property owner’s insurance company may blame the victim’s shoes for their injuries, while the victim blames a wet floor for causing their fall. If the case is worth $10,000 but the victim was 30 percent at fault, they can only collect $7,000 from their claim.
What Can I Expect During the Personal Injury Claims Process?
Because personal injuries happen in so many different ways, you need a lawyer on your side who can apply the correct laws and follow the proper protocols to file your claim and recover the money you need. Pursuing a medical malpractice claim, for example, requires an entirely different process than filing a claim based on a car accident injury. Car accident claims proceed in a different manner than a premises liability case related to a fall.
When you contact us, we go to work collecting the evidence to support your case. We may bring in experts to help us understand your injuries and researchers who can help us identify any similar cases. We have extensive experience navigating all types of personal injury claims. We can put that to work for you to get the money you need to pay for your medical bills, lost wages, pain and suffering, and other losses.
Once we have all available evidence, we can file a claim to hold the at-fault party liable for your injuries. Often, this is a third-party insurance claim based on the liable party’s auto, homeowner’s, or business insurance policy.
We can use our estimation of the value of your case to determine a fair settlement value for your claim and negotiate aggressively to get the settlement you deserve. Most cases settle during this process. If we cannot reach a settlement with the insurance company, state law typically gives us four years to file a civil lawsuit against the responsible party and collect the compensation you deserve.
How Can I Discuss My Case With a Personal Injury Lawyer in Fort Myers?
At the Law Firm of Anidjar & Levine, we offer complimentary consultations to Fort Myers personal injury victims. Our team of personal injury attorneys is ready to go to work for you. Let us investigate your case, collect evidence, and provide the legal representation you need both in and out of the courtroom.
If you suffered injuries because of someone else’s negligence, you need aggressive and effective legal counsel. Call us today at 800-747-3733 to set up your free case review.