Fort Myers Car Accident Attorneys
Dedicated to Fighting for the Rights of the Injured in Fort Myers
According to data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 401,502 crashes in 2019—167,391 of which led to injuries or fatalities. Many of these accidents are unfortunately caused by someone’s negligence or reckless actions. From driving distracted or while under the influence to speeding or making unsafe lane changes, driver negligence can make the roads unsafe and lead to an accident.
If you or a loved one have been injured in a car accident, our Fort Myers car accident attorneys can assist you with every aspect of your case. With over 25 years of collective experience, our firm is committed to helping car accident plaintiffs receive the best possible compensation, and we understand the tactics and tricks the insurance company representatives may use to get you to accept a lowball offer. Whether you need help negotiating with your insurance company, understanding sources of compensation, or investigating the cause of the accident, Pittman Law Firm, P.L. is here and equipped to help you.
Contact the team at Pittman Law Firm, P.L. today by calling .
How to Determine Who is At Fault for Your Accident
Have you recently been involved in a car accident? If so, the first question to pop into your mind is typically, "who is at fault?" and "who is paying for the damages?" Determining who is at fault for the accident is not an exact science but there are certain tactics that can be used to prove liability:
- Location of Damage - By looking at the place where the vehicles are damaged, you can typically tell who was at fault and at which angle the cars collided.
- Driver's Statement - You can look over the police report or insurance claim to see if there was any statement that includes an admission of guilt. By reading over the other driver's statement you can check to see if they ever said, "I didn't see you," or "sorry for hitting you," then that can be taken as taking the blame.
- Evidence & Witness Testimony - At the time of the accident you should go around to any witnesses and take down their testimonies about how the accident occurred and who they think was at fault. Be sure to get their contact information, including their names and phone numbers. By asking them what they saw you may get the proof you need to determine liability. You should also take pictures of the accident and any other physical evidence before it is repaired or removed.
- Prior Negligence - If the other driver had been drinking, driving without headlights, driving without their prescribed glasses, or failed to use their blinker while turning, then these are all signs of negligence that can help determine fault. When a driver fails to follow the rules of the road and breaches that duty, that can be seen as driver negligence and could thereby be seen as the cause of the accident.
What Happens If I Am Partially at Fault?
Under Florida state law, even if you are partially at fault for the accident, you should still be able to recover a portion of the settlement. This is known as comparative negligence and this doctrine has also been adopted by 13 other states across the United States. With comparative negligence, your awarded settlement will all depend on the percentage of negligence that you carry. For example, if you were found to be 10% at fault for the accident and the total settlement is worth $100,000 then that 10% would be deducted from the amount and you would only be awarded $90,000.
Determining fault after a car accident is not always easy. Our Fort Myers car accident lawyers can help ensure that you receive the full settlement that you deserve. We have several investigation methods and effective tactics to help you hold the other driver accountable for their actions. If you would like to learn more about determining fault in a car accident case, please do not hesitate to contact . We offer a free initial consultation, so call us today at to get started!
Types of Injuries Often Sustained in Car Accidents
If you are involved in a car accident, you can suffer from a number of injuries that range in severity. The type and severity of injuries sustained depend on the circumstances of the accident. Common injuries suffered by car accident victims are:
- Back injuries (i.e. herniated discs, vertebrae fractures, etc.)
- Broken bones and fractures
- Facial lacerations and bruises
- Internal injuries (i.e. damage to internal organs, internal bleeding, etc.)
- Knee bruises and fractures
- Post-traumatic stress disorder
- Road rash, lacerations, and bruises
- Spinal cord injuries (and paralysis)
- Traumatic brain injuries (i.e. concussions, intracranial hematomas, etc.)
- Whiplash or other neck injuries (i.e. cervical dislocation, disk injury, etc.)
Frequently Asked Questions
How Long Do I Have to File a Car Accident Lawsuit in Florida?
According to Florida State law, people are typically given four years in which to file their car accident lawsuit. The four-year time limit starts the day that the accident occurs. However, is the car accident is fatal and you want to file a wrongful death case in Florida, you only have two years.
What Damages Can I Claim After a Fort Myers Car Accident?
Car accident victims/survivors can claim compensatory and punitive damages after suffering injuries or losses. Compensatory damages fall into two categories:
- Economic damages, which are bills and expenses that resulted from the accident and have a clear cost. For example, economic damages can include (but are not limited to) current and future medical bills, physical therapy bills, the cost of a home health care aide, property damage expenses, and loss of wages.
- Non-economic damages, which are losses that result from the accident but don’t exactly have out-of-pocket costs associated with them. For example, non-economic damages can include (but are not limited to) pain and suffering, mental anguish, loss of consortium, and loss of quality of life.
While compensatory damages aim to compensate you for your losses, punitive damages are awarded to punish the defendant for gross negligence or recklessness. Under Florida law, punitive damages have a cap of $500,000 or three times the amount of compensatory damages you are awarded (whichever amount is higher).
Punitive damages are not awarded in every case; you should consult with your attorney because they can advise you on whether punitive damages can and should be pursued in your case.
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