Fort Myers Car Accident Lawyer

Since 2000, Florida’s population has grown by more than 32 percent, and experts project it will continue rising by up to 900 people 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 suffered significant impacts due to their rapid 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 Injury Attorneys car accident lawyers understand these challenges and want to help.

If a car accident injures you or a family member, we can help you overcome some of the challenges you face. 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 a car accident in Fort Myers has injured you, you may have many questions about your physical condition, future, insurance coverage, and how to secure financial compensation. The sections below answer common questions from car accident victims about 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 Is Responsible 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?

 

Can I Sue for Car Accident Injuries in Fort Myers?

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 a reckless or negligent driver injured you in a car accident, you may be able to sue them for damages. These can include financial losses like medical expenses and lost income, as well as pain, suffering, mental anguish, and other recoverable damages 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 driver’s breach of duty directly caused your injuries.
• Because of the harm resulting from the driver’s breach of duty, you suffered damages.

Florida law (section 768.81, Florida Statutes) allows you 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, your compensation decreases in proportion to your level of fault.

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.

Does Florida Law Allow Me to Sue for Car Accident Injury Damages?

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. However, this coverage only provides up to $10,000, leaving many injury-related expenses and non-economic damages, such as pain and suffering, uncovered.

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. Serious injuries may 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.
• Limb Loss: In severe accidents, a person’s arms or legs may be traumatically severed or sustain such critical damage that amputation becomes necessary.
• Spinal cord injuries: Spinal cord injuries cause loss of function and/or sensation and can be permanently disabling.

If you suffered serious injuries in a car accident, you may need to file a lawsuit to recover compensation for medical expenses, lost wages, pain, suffering, and other damages. An experienced Fort Myers car accident attorney can review your case and determine if you qualify for this type of lawsuit.

Can I Sue If I Was Partially At-Fault for a Fort Myers Car Accident?

In Florida, you can still sue another driver, even if you were partially responsible for an accident. Under Florida’s comparative fault statute, you can file a lawsuit in these cases, but the compensation you receive will be reduced based on your percentage of fault in 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.

Do I Need an Attorney to Help with a Florida Car Accident Lawsuit in Fort Myers?

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.

Who Can Be Held Liable for My Fort Myers Car Accident?

Liability in car accident cases is based on the concept of negligence. The law holds negligent parties (i.e., those who breached their duty of reasonable care) responsible for damages. Typically, drivers involved in car accidents act negligently when they fail to 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 such situations, the law holds the vehicle manufacturer, parts manufacturer, or mechanic responsible if they failed to properly repair or replace a part.

Additionally, if your negligence contributed to the accident, you may share liability. In cases such as this, you can still sue for damages as long as the other party was more negligent than you were.

What Are Damages in a Florida Car Accident Lawsuit?

Damages are the economic and non-economic losses you suffered because of the accident. In a Florida car accident lawsuit, the damages you can claim depend on your injuries, prognosis, medical needs, and how these factors affect your emotional well-being and family.

An experienced Dennis Hernandez Fort Myers car accident lawyer can evaluate your case and identify the damages you can claim. In general, accident victims may seek 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

How Much Compensation Can I Recover with a Florida Car Accident Lawsuit?

The compensation you can recover depends on your case’s specifics, such as partial fault and injury severity. A Dennis Hernandez Fort Myers car accident lawyer will assess your medical condition, expenses, future care needs, and how the injury affects your mental state, income, and family. Based on this, they will estimate fair compensation for your damages.

The Dennis Hernandez lawyers have helped injured clients throughout Florida win multi-million-dollar awards. We will use our experience to fight for the full, fair compensation you deserve.

What Should I Tell the Insurance Adjuster?

After a car accident, the other driver’s insurance company will likely contact you to ask about the accident and your injuries. Though the conversation may seem friendly, be cautious. Anything you say could be used to shift blame onto you or downplay your injuries. Insurers may use your words to reduce or deny your compensation.

Letting an experienced Fort Myers car accident lawyer handle these communications helps you avoid mistakes and maximize your 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. This way, you avoid risky conversations, and your lawyer can focus on securing the compensation you deserve.

How Will I Know If I Should Accept a Settlement Offer?

Insurance companies sometimes delay offering a settlement and usually try to pay out as little as possible. Unfortunately, people injured in car accidents and struggling financially often feel pressured to accept the insurance company’s settlement offer, even when it fails to 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.

When Should I Hire a Fort Myers Car Accident Lawyer?

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.

How Should I Choose a Fort Myers Car Accident Lawyer?

When selecting a car accident lawyer, look for experience, a strong track record, clear communication, and dedication to justice. Many lawyers claim they fight tirelessly for clients, but only a few have the proven success to secure full and fair compensation.

Dennis Hernandez lawyers have years of experience helping injured clients across Florida obtain the compensation they deserve. We stay in close contact with clients, answer their questions, and keep them informed. Our firm has won multi-million-dollar awards for seriously injured clients, and we will use our experience and commitment to fight for the compensation you deserve.

How Much Does It Cost to Hire a Fort Myers Car Accident Lawyer?

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 injuries make the aftermath even more difficult. Medical treatments, pain, suffering, and financial losses add to the burden. Sadly, these difficulties can be exacerbated by your having to handle medical bills and insurance forms.

If you were injured in a car accident, an experienced Fort Myers car accident lawyer can help. The Dennis Hernandez attorneys know how to handle insurance companies, gather strong evidence, and fight for the compensation you deserve.

Many injury lawyers prefer quick settlements to avoid court, but we never back down. We will put our trial experience to work fighting for the compensation you deserve. With the Fort Myers car accident attorneys at Dennis Hernandez, you have strong legal advocates by your side every step of the way.

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.