If you have been hurt in a vehicle crash, you may be concerned about the income you are losing as you recover and how you will pay for your medical bills, replace your car, and recover your lost wages. You should know that you are not alone in this challenging scenario.
You can get the help you need from a Fort Myers personal injury lawyer. A top-rated Fort Myers car accident lawyer from The Schiller Kessler Group will fight tirelessly to defend your rights and guide you through the legal process. We provide personalized attention to each and every client and fight aggressively to ensure you recover the maximum compensation possible.
Responsibility for Paying Your Car Accident Damages
The negligent driving of other people often causes motor vehicle accidents. Whether due to distracted driving, failure to observe traffic laws, or errors in judgment, many of these collisions bring injuries and damages for which someone is to blame. Naturally, the other driver is the most commonly assumed at-fault party in such situations.
It stands to reason that they should be held responsible for the expenses resulting from the crash. However, there are some cases where liability lies with other entities. Your crash may not have been caused by the most obvious factor.
Insight into Liability for the Accident
Your car accident lawyer in Fort Myers with The Schiller Kessler Group will investigate to determine the true cause of the crash and identify all parties that can be held liable. Sometimes, other factors come into play. The following may also bear complete or partial liability for a crash:
- Designers or manufacturers of defective automobile parts
- A municipal or government agency responsible for roads
- A motorist’s employer, if they were on the job when the accident occurred
- An outside party, such as a pedestrian or a cyclist
In any case, seeking adequate compensation usually requires obtaining experienced legal advice from a car accident attorney. We can identify all at-fault parties and their respective portion of monetary compensation. This way, you increase your chances of receiving full reimbursement for your damages and suffering.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Compensation You Can Receive After a Car Accident in Fort Myers
When involved in an auto accident, you may be able to receive compensation for your injuries. Florida law under Florida Statutes Chapter 768 outlines two types of compensatory damages that may be available in personal injury cases. These are known as economic and non-economic damages.
Economic Losses
Economic damages pertain to tangible losses a victim suffers during the course of their accident and recovery journey. These may include current medical bills, future medical treatment expenses, nursing care, rehabilitation, lost past and future wages, and home modifications if needed due to disability or injury from the accident. They also cover the cost of hiring someone to help with household duties if needed due to injury from the accident, or if your property damage exceeds third-party coverage limits.
Non-Economic Losses
Non-economic damages are given for intangible losses such as emotional distress and pain and suffering endured by the victim. They are difficult to quantify and generally involve higher dollar amounts than economic damages. In some cases, these higher awards are given if a court believes negligence was substantial or resulted in great harm.
It is important for victims who have been injured in an accident to understand both types of compensation that may be available when filing suit following a crash. An experienced car accident attorney in Fort Myers can help evaluate your case. We will advise you on the most appropriate course of action necessary to maximize your payout.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Why You Need a Legal Advocate on Your Side
When dealing with insurance companies as a victim of an auto accident, it is important to be aware that they may try to minimize your compensation. While you may believe that the initial offer is fair, their goal is to save money for the company rather than adequately compensate those affected. We can protect your interests and defend your rights.
We can gather evidence to prove the severity of your injuries and the extent of your losses. It is also our job to handle all contact with opposing parties. We are prepared to negotiate aggressively to recover the maximum compensation possible on your behalf.
To ensure that you are treated fairly for your damages and injuries, it may be advisable to hire a car accident law firm. Having a reputable legal advocate guide and represent you throughout the process will give you peace of mind. We will do everything possible to ensure that you get the best possible outcome.
Injuries We See in Car Accident Cases
Car accidents are among the leading causes of physical injury in Florida according to the Florida Department of Health’s Leading Causes of Fatal Injury Dashboard for 2022. However, many of the injuries we see in our practice are more serious and require the legal help to recover fair and full compensatory damages required to cover the medical expenses associated with serious injuries. Common injuries associated with car accidents include:
- Spinal cord injuries
- Head and neck injuries
- Broken bones
- Back injuries
- Organ damage and internal bleeding
- Traumatic brain injuries
- Amputations
- Burn injuries
These injuries can range from mild to life-threatening and can have long-term impacts on people’s lives. If you only sustain a few bumps and bruises, you may not need help from a legal representative. When you are unsure whether you have grounds for a claim, do not hesitate to speak with The Schiller Kessler Group to explore your legal options.
Fort Myers Car Accident FAQ
What Is the Statute of Limitations for Car Accident Lawsuits in Fort Myers?
When the legislature updated Florida’s personal injury statute of limitations laws back in 2023, the amount of time injury victims had to file lawsuits decreased by half. Car accident victims used to have up to four years from the date of their accident or injury discovery to file a claim. Now, if you have been injured in a car accident, the statute of limitations under Florida Statutes §95.11(3)(a) states your claim must be filed within two years.
You can consult with your car accident attorney in Fort Myers to find out whether the statute of limitations could have been tolled in your case. If this happens, the deadline will temporarily pause before resuming its countdown. Generally, this is only available in instances of delayed injuries or diagnosis, or when children have been injured in a car accident.
Should I Give a Statement to the Insurance Company?
We never encourage our clients to give the insurance company a statement without their attorney present. You do not want to risk saying something that could be misconstrued and later used against you. Remember, the insurance company will lose money if they pay out on your claim.
This gives it an incentive to carefully examine your compensation demands and determine whether they are required to pay out on your claim based on the policy terms. If you hope to protect yourself, your best option may be to have our team handle the insurance company on your behalf. This way, they can obtain the information they need and you do not have to worry about accidentally helping the insurance company settle your claim for less.
Can I Still File a Car Accident Claim if the Accident Was Partly My Fault?
It depends on how much blame you carry. Florida follows a modified comparative negligence system under Florida Statutes §768.81 as of 2023. The law previously allowed injury victims to recover compensation no matter how much blame they shared.
Now, if your portion of fault exceeds 50%, you no longer have the right to be awarded compensation for your damages. In fact, it is possible the liable party could attempt to sue you for their damages. For this reason, it is imperative to get a skilled legal advocate on your side who can protect you and ensure fault is accurately established.
Contact a Car Accident Lawyer in Fort Myers for a Free Case Evaluation
A car accident can be confusing and overwhelming. You may not understand the implications of your injury or how to receive the compensation you need for your pain and suffering. For that reason, it is important to seek experienced legal counsel.
The Schiller Kessler Group is experienced in dealing with insurance companies. We know how to handle them when they attempt to lowball you or complicate an injury settlement process. Though your accident may have turned your life upside down, we can help you through the process of setting things right and save you from making costly mistakes.
Contact us today to learn more about how we can help in a free consultation. There is no obligation, and we may be able to help you. Fill out our quick contact form or call us to get started on your claims.
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