Fort Myers Car Accident Lawyer
Since 2000, Florida’s population has increased by more than 32 percent, and it is projected to continue growing by up to 900 per day. At the same time, the number of people visiting Florida each year has increased by 40 million. While this tremendous growth in population and tourism is great for the state’s economy, it has also resulted in increased congestion on the roads and continued increases in car accident injuries and fatalities.
Urban areas like Fort Myers have been particularly hard hit, since they have seen the most significant growth. In fact, according to the Florida Highway Safety and Motor Vehicles’ Crash Dashboard, last year, in Lee County alone, there were 14,335 motor vehicle crashes, 8,848 crash injures and 119 accident-related fatalities.
Car accident injuries can be devastating for the injured victims and their families. Physical pain, emotional suffering, loss of income and financial hardship can present overwhelming challenges. The Fort Myers Dennis Hernandez car accident lawyers understand these challenges and want to help.
If you or a member of your family has been injured in a car accident, we can help you handle some of the difficulties you are facing. We want you to know you don’t have to face all of the accident-related difficulties alone. We have helped numerous car accident victims throughout Florida and want to put our experience and expertise to work helping you get the financial compensation you deserve.
In the following sections on this page, we will try to answer questions clients often ask about Florida car accident cases. We will also discuss the benefits of having an experienced Fort Myers car accident lawyer protecting your rights and advocating for justice. For answers to specific questions about your individual case, please call us at 855.529.3366 or fill in the FREE CASE EVALUATION form on our website. All consultations and advice are free, and you pay nothing until we win your case.
Frequently Asked Questions about Car Accident Lawsuits in Fort Myers
If you have been hurt in a car accident in Fort Myers, you may have lots of questions and concerns about your physical condition, your future, what insurance covers and how to get the financial compensation you need. In the following sections on this web page, we have provided answers to questions clients who have been injured in car accidents usually ask about car accident lawsuits.
- Can I Sue for Car Accident Injuries in Fort Myers?
- Does Florida Law Allow Me to Sue for Car Accident Injury Damages?
- Can I Sue If I Was Partially At-Fault for a Fort Myers Car Accident?
- Do I Need an Attorney to Help with a Florida Car Accident Lawsuit in Fort Myers?
- Who Can Be Held Liable for My Fort Myers Car Accident?
- What Are Damages in a Florida Car Accident Lawsuit?
- How Much Compensation Can I Recover with a Florida Car Accident Lawsuit?
- What Should I Tell the Insurance Adjuster?
- How Will I Know If I Should Accept a Settlement Offer?
- When Should I Hire a Fort Myers Car Accident Lawyer?
- How Should I Choose a Fort Myers Car Accident Lawyer?
- How Much Does It Cost to Hire a Fort Myers Car Accident Lawyer?
Weather and road conditions can cause car accidents; however, drivers are the number one reason for accidents. The National Highway Traffic Safety Administration (NHTSA) points out that main cause of accidents is risky driving behaviors, including:
- Speeding – responsible for almost 9,500 deaths each year.
- Drowsy Driving – responsible for approximately 700 fatalities per year.
- Distracted Driving – responsible for causing more than 3,000 deaths each year.
- Drunk Driving – responsible for more than 10,000 fatalities a year.
- Drug-impaired Driving – associated with more than 50% of the drivers involved in serious injury accidents.
If you have been hurt in a car accident caused by risky driving or driver negligence, then you may be able to sue the other driver for damages, including financial losses, such as medical expenses and lost income, pain, suffering, mental anguish and other damages recoverable under Florida law.
Liability in Florida accident injury cases is based on negligence. That is, when suing for damages, you have to be able to demonstrate the four elements of negligence under Florida law:
- The other driver owed you a duty of care.
- The driver breached this duty of care.
- The breach of duty resulted in your being injured.
- Because of the harm resulting from the driver’s breach of duty, you suffered damages.
Under Florida law (section 768.81, Florida Statutes), you are allowed to sue another driver even if you were partially at fault for the accident. In a negligence claim, partial fault does not prevent you from recovering damages for injury. However, the amount of compensation you can receive is reduced in proportion to the amount of fault attributed to you.
When considering a car accident lawsuit, you also need to remember that you must file within a specific time period. Florida Statutes § 95.11(3)(a) explains the statute of limitations: you usually have only four years from the date of the accident in which to file a personal injury claim and only two years in which to file a wrongful death claim.
Florida is a no-fault state, meaning that all motor vehicle operators must have personal injury protection (PIP) insurance to cover their own accident-related injuries. This coverage, however, provides a maximum of only $10,000, so many injury-related expenses, as well as non-economic damages, such as pain and suffering, are not covered.
In cases in which a person’s injuries are serious, the Florida Motor Vehicle No-Fault Law allows lawsuits to obtain fair compensation. According to the law, serious injuries are those that are permanent, resulted in disfigurement or scarring or caused the loss of important bodily functions. Examples of injuries that could be considered serious include:
- Neck and back injuries: The sudden impact of a collision can permanently injure the discs in your neck or back. The damage can get worse over time and could necissitate surgeries and other medical treatments.
- Traumatic Brain injuries: Car crashes are a major cause of traumatic brain injuries (TBIs). These injuries can cause significant and permanent cognitive and physical disabilities.
- Broken bones: Broken and fractured bones are very common in car accidents. They can cause pain, affect bodily functions, require surgery or other medical treatments, and cause chronic health problems.
- Burns: If an accident causes a fire or explosion, people in the vehicles may suffer serious burns. These burns can cause scarring, disfigurement, pain, and/or loss of bodily functions and may require extensive and long-term medical treatments.
- Lost limbs: In catastrophic accidents, a person’s arms or legs can be severed or injured so severely that they have to be amputated.
- Spinal cord injuries: Spinal cord injuries cause loss of function and/or sensation and can be permanently disabling.
If you have been seriously injured in a car accident, a lawsuit may be necessary to obtain the compensation you need to pay for ongoing medical expenses, lost wages, pain, suffering and other damages. An experienced Fort Myers car accident attorney can review what happened in your injury accident and let you know if you are eligible for this kind of lawsuit.
In Florida, you can still sue another driver, even if you were partially responsible for an accident. Florida’s comparative fault statute allows suing in these cases, but stipulates that the amount of damages be reduced in proportion to the amount of fault you had in causing the accident.
The Dennis Hernandez Fort Myers car accident lawyers will work tirelessly to collect the evidence needed to prove that the other driver was mainly or completely at fault for the accident and help prevent a reduction in your compensation.
Florida law gives you the right to sue the at-fault driver for damages if you have been seriously injured in a car accident in the Fort Myers area, and you do not have to have an attorney to do so. However, having a skilled, knowledgeable Fort Myers car accident attorney helping you can be very beneficial.
The experienced Dennis Hernandez car accident lawyers can answer your questions about the process of filing a Florida car accident lawsuit, advise you on your best course of action and expertly manage the case so you can focus on taking care of yourself and your family. More specifically, we will:
- Investigate the specific circumstances of your accident and let you know whether you are eligible to sue for damages.
- Provide sound advice on whether it is in your best interest to file an insurance claim or bring a personal injury lawsuit.
- Work diligently to protect your legal rights.
- Negotiate aggressively with insurance companies for you.
- Gather all the evidence necessary to prove the other driver was negligent.
- Collect all the evidence needed to support your claim for compensation and establish the full value of your damages.
- Help you decide if you should accept a settlement offer.
- Be completely prepared to fight and win in court if it becomes necessary in order to get you the full, fair compensation you deserve.
- Respond promptly to all of your questions about the case and make sure you are informed of progress through the entire legal process.
We are here to answer specific questions about your case. Please call us at 855.529.3366 or fill in the FREE CASE EVALUATION form on our website and talk with an experienced Fort Myers car accident lawyer. Consultations are free, and you do not pay anything until we win your case.
Liability in car accident cases is based on the concept of negligence. The negligent party or parties (i.e., the person or persons who breached their duty of reasonable care) can be held liable for damages. Typically, people involved in car accidents are considered negligent when they do not follow traffic laws. For example, they may have been speeding; they may have failed to yield the right-of-way; they may have not stopped at a traffic light; or they may have been driving while impaired by drugs or alcohol.
Some accidents are, however, caused by defective parts in cars and other motor vehicles. In these cases, the vehicle manufacturer, parts manufacturer or mechanic who did not repair or replace a part property can be held liable.
In addition, if you were also negligent in some way and partially responsible for the accident, then you could be held partially liable. In cases such as this, you can still sue for damages as long as the other party was more negligent that you were.
Damages are the economic and non-economic losses you suffered because of the accident. The damages you can claim in a Florida car accident lawsuit depend on the physical injuries you suffered, your prognosis, medical needs and the effects of those injuries and needs on your emotional well-being and your family.
An experienced Dennis Hernandez Fort Myers car accident lawyer can help ascertain the damages to which you may be entitled; however, in general, accident victims may pursue compensation for damages such as:
- Property damage
- Lost wages and other income, including diminished earning capacity in the future
- All medical and care expenses, such as hospital stays, surgeries, medication, diagnostic tests, office visits, assistive devices, equipment, rehabilitative therapies and transportation to medical facilities
- Physical impairment, disfigurement or scarring
- Pain and suffering
- Mental anguish, depression, anxiety related to the accident and your injuries
- Diminished capacity to enjoy life
- Your family’s loss of your guidance, assistance and companionship
- Other damages recoverable under Florida law
The compensation you can recover with a Florida car accident lawsuit depends on the specific circumstances of your case (e.g., if you were partially responsible for the accident, the extent of your physical injuries, etc.) A Dennis Hernandez Fort Myers car accident lawyer will assess your medical condition, expenses and need for treatment and care in the future, as well as the effects of your injury on your mental state, income and family life before giving you an idea of what amount of compensation would be considered fair, given all the damages you have suffered.
The Dennis Hernandez lawyers have helped injured clients throughout Florida win multi-million-dollar awards. We will put our successful experience to work on your case to help you get the full, fair compensation you deserve.
After a car accident, the other driver’s insurance company will most likely get ahold of you to question you about the accident and your injuries. While the conversation may seem friendly, you need to be careful what you say because you can inadvertently tell them something they can later use to demonstrate that you were responsible or partially responsible for the accident or that your injuries are not as bad as you are claiming they are. Keep in mind that anything you tell an adjuster or other insurance company representative can possibly be used to decrease the amount of compensation you receive or deny payment altogether.
Letting an experienced Fort Myers car accident lawyer handle communicating with the other driver’s insurance company can help you avoid problems and receive the maximum compensation. Your lawyer knows how insurance companies work and will be ready to negotiate aggressively on your behalf. You can tell insurance company representatives that your attorney will contact them. That way you do not have to talk with them and be worried about what you say, and your lawyer can get to work advocating for the compensation you need.
Insurance companies sometimes delay offering a settlement and usually try to pay out as little as possible. Unfortunately, people who are injured in car accidents and struggling to make ends meet often feel pressured to accept the insurance company’s settlement offer when it comes, even if it does not adequately cover their medical expenses.
An experienced Fort Myers car accident attorney can be very helpful in avoiding this unfortunate situation. Dennis Hernandez lawyers are experienced negotiators who know how to handle insurance companies. We do not back down until our clients have fair settlements to cover all of their damages. Additionally, if insurance companies do not offer fair settlements, we are always ready to go to court to fight for and win a fair award.
Getting advice from an experienced Fort Myers car accident lawyer as soon as possible after your accident will help you get the results you want. It will give your attorney time to collect the evidence needed to prepare and file a winning claim.
The Dennis Hernandez accident attorneys have years of experience helping injured clients win the settlements or awards they need and deserve. We are experienced, skilled negotiators and litigators who don’t back down until we get the results our clients want.
You do not have to pay anything to hire us. Our advice and legal services are free until you get the compensation you need.
When choosing a car accident lawyer, you need to look for experience, a record of success, good communication and a commitment to fighting for justice. Many lawyers say they are committed to leaving no stone unturned in the pursuit of justice, but only a few have the experience and record of success in helping clients get the full, fair financial compensation they deserve.
The Dennis Hernandez lawyers have many years of experience helping injured clients throughout Florida obtain the financial compensation they deserve. We talk often with our clients, answer all of their questions and make sure they are updated on the progress we’re making on their case. We have achieved multi-million-dollar awards for seriously injured clients and will put our experience, commitment and skill to work fighting for the compensation you deserve.
You do not have to pay anything to hire a Fort Myers car accident lawyer. We work on a contingency fee basis, meaning you do not pay anything until we help you secure the compensation you deserve.
After you are awarded the substantial settlement or court award you deserve, we will accept our fee for representing you. We will agree on the terms of this fee up front so you know what to expect.
Get the Legal Advice and Help You Need after a Fort Myers Car Accident Injury
Car accidents are always stressful, but when you are injured, the aftermath can be devastating, given the need for medical treatment and follow-up, the pain and suffering you experience and the losses you endure. Sadly, these difficulties can be exacerbated by your having to handle medical bills and insurance forms.
If you have been injured in a car accident, talking with an experienced Fort Myers car accident lawyer can put your mind at ease. The reliable Dennis Hernandez attorneys know how to deal with insurance company representatives, gather the evidence needed to win your case, and help you get the compensation you need for your injuries, pain, suffering and losses.
Many injury lawyers do all they can to settle with insurance companies and avoid going to court, but we never back down. We will put our trial experience to work fighting for the compensation you deserve. Partnering with the Fort Myers car accident attorneys at Dennis Hernandez means getting the powerful advocacy you need throughout the entire legal process.
Call us at 855.529.3366 or fill in the FREE CASE EVALUATION form on our website to talk with an experienced Fort Myers car accident lawyer and get started on your case.