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If you or a family member has been injured in a motor vehicle crash, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. Our skilled Fort Myers car accident lawyer, Randall L. Spivey, can help auto crash injury victims throughout Florida recover compensation for past and future medical care expenses, past and future lost wages, past and future pain and suffering, and past and future loss of enjoyment of life.
Our Fort Myers Car Accident Lawyer Explains Fault and Liability
Anyone who has been hurt in a motor vehicle accident that was caused by someone else's reckless, careless or negligent acts has a right to sue for monetary compensation. Accident victims should note that they must be able to prove certain elements in order to be compensated. Those elements are:
- The at-fault driver owed a legal duty to you, the accident victim, to operate his or her vehicle in a reasonable manner.
- The at-fault driver failed to act in a reasonable manner when operating his or her vehicle.
- You, the victim, sustained injuries due to the at-fault driver's failure to act in a reasonable manner.
The amount of compensation a victim might receive will vary depending on the specifics of the case.
What If I'm Partially to Blame For the Accident? Can I Still be Compensated?
It is possible for an accident victim who was partially at fault to still recover monetary compensation for his or her injuries. The court will look at the percentage of fault that can be attributed to each party and award damages accordingly. Simply put, the damages that a victim receives will be reduced by the percentage of fault assigned to him or her. Don't let the insurance company tell you how much you were to blame. Speak with a Fort Myers car accident attorney for a true evaluation of liability.
While you may be tempted to accept whatever offer comes your way, you shouldn’t settle for anything less than what you deserve. Speaking with a knowledgeable car accident attorney who has extensive experience in preparing and negotiating personal injury claims on behalf of car accident victims will ensure you completely understand what you’re entitled to receive.
Let Your Fort Myers Car Accident Lawyer Handle the Insurance Company
Dealing with the insurance company after an accident can be a daunting and confusing process. Usually, the insurance company will offer to pay to fix your car, but may make a low ball offer on your injury claim in an attempt to get you to accept far less than what you are owed. They will employ certain tactics to pressure you into settling for their offer, such as deliberately withholding information or suggesting that the offer they’re making today is a last-chance opportunity to receive any compensation at all. Attorney Randall Spivey has experience fielding these tactics and is prepared to initiate negotiations on your behalf in a manner that defends your rights to a settlement and ensures the insurance company understands that they are up against a formidable opponent.
Damages Available in a Florida Motor Vehicle Accident Case
You may recover for your medical expenses; past, current and future lost wages or business income; pain and suffering; and certain other statutory or common law damages. In certain cases, you may also be able to recover punitive damages, which are typically limited to $500,000.
Aside from punitive damages, the damages that are available to an injured party in a Florida car accident case fall into two categories—economic damages and non-economic damages. Accident victims’ losses in both categories have the potential to be substantial:
Economic Damages
Economic damages are the direct financial losses that result from a serious collision. When you hire a Fort Myers car accident lawyer to represent you, your lawyer will ensure that he or she is seeking maximum compensation for these losses on your behalf. This includes seeking compensation for your present and future:
- Property Damage – The cost of repairing or replacing your vehicle and any personal items that were damaged or lost in the collision.
- Medical Bills – The cost of diagnosing and treating both the physical and non-physical trauma resulting from your car accident.
- Other Out-of-Pocket Costs – The cost of purchasing prescription medications, medical supplies, and anything else you need as a result of your injuries.
- Loss of Income and Benefits – Your lost earnings resulting from any time you miss from work following your collision.
If you suffered serious injuries in your car accident, the long-term costs of your injuries could far exceed the costs you incur before you resolve your claim. This makes it critical to ensure that you have a clear understanding of how your injuries will impact your life (and your finances) in the future. Fort Myers car accident attorney Randall L. Spivey and the team at Spivey Law Firm can help, and we will rely on our experience to make sure we are seeking the maximum compensation you deserve.
Non-Economic Damages
Non-economic damages provide compensation for all of the other ways your car accident impacts your life. While trauma from car accidents impacts different people differently, common non-economic damages in serious car accident cases include:
- Physical Pain and Suffering – If you are dealing with physical pain and suffering, you are entitled to compensation above and beyond the costs of treating your injuries. The severity of your pain and suffering will play a central role in determining how much you are entitled to recover.
- Emotional Distress – Likewise, if you are suffering from emotional trauma or post-traumatic stress, these are also losses that you are entitled to recover—and the amount that you are entitled to recover will be unique to you.
- Scarring and Disfigurement – Permanent scarring and disfigurement are compensable losses as well. This is true whether your scarring or disfigurement resulted directly from the accident or from a surgical procedure.
- Loss of Companionship, Consortium, and Capacity to Enjoy Life – Under Florida law, car accident victims who suffer significant or permanent injuries are also entitled to just compensation for their loss of companionship, loss of consortium, loss of capacity to enjoy life, and all of the other ways their injuries negatively impact their lives on a day-to-day basis.
Here, too, you can—and should—seek financial compensation for your present and future losses, and your future non-economic damages could far exceed your short-term damages as well. Once again, our team can help, and we strongly encourage you to contact us to learn more.
Our Fort Myers Car Accident Attorney Explains What to Do After an Accident
First and foremost, anyone who has been involved in an accident should seek medical attention immediately. Some people believe that if they "feel" fine, then they are fine; however, there may be injuries that might not manifest themselves until later. Additionally, accident victims should contact law enforcement and ensure that an accident report is filed.
Accident victims should also try to document as much about the accident as possible. Your Fort Myers personal injury lawyer can provide you with a Florida Accident Form that will help you recall the specifics of the accident. Once you have made adequate notes of the accident, you should also take pictures, if possible, of the cars involved, the accident scene and any visible injuries.
Lastly, accident victims should be sure to gather contact information for all witnesses to the accident. Once all of the above-mentioned steps have been taken, an accident victim should immediately contact a Board Certified Civil Trial Attorney who specializes in personal injury to discuss the particulars of the case.
The Statute of Limitations for Florida Car Accident Cases
In Florida, you generally have two years from the date of the accident to file suit for your injuries before your claim becomes “time barred” and cannot be filed. Wrongful death actions are also limited to two years. The right car accident lawyer knows how to properly calculate and make use of the time you have to file your case, but it's still encouraged that you act sooner rather than later.
It is important to note, however, that if you are a Florida resident whose accident occurred outside the state, the state in which the accident occurred may have a shorter statute of limitations, and the case is typically governed by where the accident took place, not where you live. Contact Randall Spivey and his team to find out how our office can assist you with that particular situation.
Should I Get a Lawyer for a Fender Bender?
You should work with a vehicle accident lawyer anytime you have injuries resulting from a car accident or if a loved one died in an accident. The role of a personal injury lawyer is to help you be compensated for the aftermath of an accident that happened because of someone else’s fault.
After an accident, even a minor one, we recommend you reach out to a Fort Myers car accident lawyer. It is very common for injuries to not immediately show. You may initially feel fine only to wake up a few days later and not feel healthy. For example, traumatic brain injuries are often unrecognizable until days or weeks following the accident.
After a minor car accident, it is also possible that your car may have hidden damage, such as a bent frame, which can be costly to repair.
Do You Really Need a Lawyer for a Car Accident in Fort Myers?
Ask yourself this question: Do I trust my insurance company to look out for my best interests rather than their own? Insurance companies have only one goal: to maximize their profits. To do that, they are focused entirely on paying you as little as possible.
Personal injury lawsuits typically arise when a car accident has occurred that has resulted in injury and the origin of that accident can be traced to someone’s intentional or unintentional recklessness. Typical causes of car accidents that result in personal injury claims have included rear-end accidents, unsafe lane changes, failure to yield, drunk or distracted driving, driver fatigue, and poor weather conditions. In order to successfully recover damages for a car accident, your car accident attorney will have to show that one party’s negligence or failure to exercise reasonable care directly caused the accident and resulting injury.
Proving who is at fault for an accident can be complex, which is why it is always recommended that you work with an experienced Fort Myers accident lawyer when navigating the aftermath of a car accident. Your lawyer will work to gather evidence of fault in order to establish that the at-fault party’s insurance company is obligated to cover your medical expenses, lost wages, and pain and suffering. Our team will attempt to prove fault by assessing the police report that was created after the accident, reviewing any witness statements, and verifying whether the accident could have been caused by any number of specific factors.
It is important to note that there are times when both drivers contributed some degree of fault for the accident, and Florida law states that compensation must be allocated according to each party’s degree of fault in the accident. As such, the insurance company will attempt to reduce the amount owed to the injured individual based on their fault in the accident. This is why it’s crucial to work with an accident attorney who can successfully navigate the negotiation process so you can ensure that your settlement is fair.
The experienced accident attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. focus entirely on you and fight for the resources you need to properly heal. A automobile accident attorney will protect your rights under the law. We’re on your side and your side only.
What Do Fort Myers Accident Attorneys Charge?
At Spivey Law Firm, Personal Injury Attorneys, P.A., we work on a contingency basis, which means we charge you nothing unless and until we obtain compensation for you, either through a fair settlement or as the result of a successful trial. There is no fee for calling to speak with an experienced Fort Myers accident lawyer.
What If a Family Member Dies in an Accident?
When you lose a loved one in an accident, you and your family will be overwhelmed with grief and shock. We always encourage individuals to contact Fort Myers Car Accident Lawyer Randall Spivey as soon as possible, as you may have a valid wrongful death claim under Florida law.
Our team will treat you or your family members with compassion, understanding, and empathy, but you can also expect that we will aggressively pursue your claim so that you can be adequately compensated for your tragic loss.
Florida Car Accident Statistics: Updated 2023
Each year, there are hundreds of thousands of car accidents in Florida. These accidents result in hundreds of thousands of injuries and thousands of fatalities. Below are some of the latest statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV):
Total Car Accidents in Florida
- 2023 (as of August) – 239,810
- 2022 – 396,478
- 2021 – 401,540
Car Accident Injuries in Florida
- 2023 (as of August) – 153,064
- 2022 – 251,911
- 2021 – 252,971
Car Accident Fatalities in Florida
- 2023 (as of August) – 2,017
- 2022 – 3,529
- 2021 – 3,741
Total Car Accidents in Lee County (Including Fort Myers)
- 2023 (as of August) – 9,659
- 2022 – 15,282
- 2021 – 14,336
Car Accident Injuries in Lee County (Including Fort Myers)
- 2023 (as of August) – 5,448
- 2022 – 8,844
- 2021 – 8,445
Car Accident Fatalities in Lee County (Including Fort Myers)
- 2023 (as of August) – 70
- 2022 – 136
- 2021 – 115
The FLHSMV has published some other notable car accident statistics as well. For example, its data indicate that more than 25 percent of all car accidents in Florida involve hit-and-run drivers. This is also true in Lee County. The FLHSMV also reports that there are thousands of car accidents statewide (and hundreds in Lee County) involving pedestrians and cyclists each year.
5 Reasons to Hire a Fort Myers Car Accident Attorney
If you have been seriously injured or lost a loved one in a car accident, we know and understand how important it is to protect your rights. Coping with the effects of a serious or fatal collision can impact all aspects of your life—and it can also prove to be incredibly expensive. You owe it to yourself to do everything you can to recover, and this includes hiring an experienced Fort Myers car accident attorney to help you.
Why should you hire a Fort Myers car accident attorney? Here are five important reasons to seek experienced legal representation:
1. You Need to Protect Yourself Against the Insurance Companies
When you hire a Fort Myers car accident attorney to represent you, your attorney will deal with the insurance companies on your behalf. The insurance companies are not on your side, and they will use various tactics to get you to settle for less than you deserve. Your attorney can help make sure this does not happen.
2. Your Losses Could Be Substantial
Car accidents can cost far more than most people realize. While your medical bills and lost wages may be high, they may also reflect just a small fraction of the total costs you will incur. Your attorney can help you understand the true financial and non-financial costs of the accident, and your attorney can document these costs in order to prove how much you are entitled to recover.
3. You Need to Know When (and If) to Settle
When should you settle your car accident claim? Should you settle your claim at all? These are critical questions that do not have easy answers. With an experienced Fort Myers car accident attorney on your side, you can feel confident knowing that you are making informed decisions with your long-term best interests in mind.
4. You Need to Be Prepared to Go to Court if Necessary
If you don’t hire an attorney, the insurance companies will know that you aren’t prepared to go to court—and they will factor this into any settlement offers they may make. Hiring an attorney shows that you are serious about protecting your legal rights, and it ensures that you are prepared to go to court if necessary.
5. Hiring an Attorney Costs Nothing Out of Pocket
Finally, hiring the Spivey Law Firm, Personal Injury Attorneys, P.A. to handle your car accident case in Fort Myers costs nothing out of pocket. As noted above, we represent our clients on a contingency basis. This means that you will not receive any legal bills while your case is pending, and you will not owe us anything unless you recover compensation. If you receive a settlement or verdict, our legal fees will be calculated as a percentage of your financial recovery.
How Long Do You Have to Hire an Attorney After a Car Accident in Fort Myers?
It is always important to hire an attorney immediately after an accident. Under Florida’s recently-reduced statute of limitations for personal injury lawsuits, you now have two years to file most types of claims after a car accident in Fort Myers. However, it is important that you speak with an attorney about your case right away. Conducting a prompt investigation could be crucial for collecting the evidence needed to prove your legal rights, and the sooner you hire an attorney, the sooner you can get on the road to recovery.
Obtain Justice and Due Compensation With the Help of a Fort Myers Car Accident Lawyer
Please call us today at 888-477-4839 or in Fort Myers at 239-337-7483, or contact us online to schedule a free consultation with a top car accident attorney at Spivey Law Firm, Personal Injury Attorneys, P.A.
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