How to Tell if You Have a Personal Injury Claim

Our Personal Injury Attorneys Explain When You Should Contact a Law Firm 

Whether you have been involved in a slip and fall incident at a grocery store, a motor vehicle accident on one of Florida’s roadways, hurt by a defective product, or have suffered the loss of a loved one due to someone else’s negligence, the pain resulting from the event can range in severity, and the after-effects can be long-lasting. 

Given everything that can take place after an accident, it is easy to find yourself wondering what to do next. Do I take the person who caused the injury to court, or do I settle? What happens if I’m unable to go back to work due to my injuries? Who can I sue? The questions can go on and on; however, there is no need for you to deal with your situation on your own. We encourage you to call the Fort Myers personal injury attorneys at Spivey Law Firm for help, even before contacting your insurance company.

Seeking Compensation for Injuries Based on Fault

Most claims for financial compensation are based on “fault,” commonly known in legal terms as “negligence.” If you were injured in an accident that was someone else’s fault, you may be entitled to recover all of your losses, including financial, non-financial, and future losses that are the result of your injuries. Some of the more common incidents for which you may be entitled to compensation include:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Bicycle accidents
• Pedestrian accidents
• Slip/trip and fall accidents
• ATV accidents
• Boating accidents
• Wave Runner accidents
• Falls from heights
• Swimming accidents
• Dog bites and Animal attacks

Regarding negligence, fault determination may be based on several different acts (or non-acts), such as distracted driving, driving under the influence, or failure to warn about risks. Proving negligence is a task best left to skilled personal injury lawyers, which is why you should contact the Fort Myers personal injury attorneys at Spivey Law Firm for immediate assistance.

Seeking Compensation for Injuries Based on Strict Liability

In Florida, like most states, product defect injury claims are controlled by the laws of strict liability. Therefore, if you were injured by a defective product, you may not need to prove negligence to recover compensation for your injuries. 

Under the laws of strict liability, companies that design, manufacture, and sell defective products can be held liable regardless of any negligence that may have occurred. Strict liability laws are designed to compel companies to ensure the products they are putting into the stream of commerce for the public to purchase are safe. Nonetheless, accidents caused by defective products still happen. Some of the more common strict liability accidents involve:

• Pharmaceuticals
• Construction tools, parts, or equipment
• Household products, including appliances
• Children’s furniture, toys, or playground apparatus
• Cars
• Motorcycles 
• SUVs or trucks
• Boats 
• Medical devices
• The parts and components of any product

Seeking “No-Fault” Compensation for Florida Car Accident Injuries

In Florida, certain injuries stemming from car accidents may qualify for “no-fault” compensation under your personal injury protection (PIP) policy. Currently, typical PIP coverage in Florida is $10,000 for medical expenses and lost wages. However, there are a few important factors for people who have been seriously injured in vehicle accidents to consider, such as:

• $10,000 is not as much as it sounds when you are dealing with a severe injury. You can recover compensation for pain and suffering and other non-economic damages beyond your insurance policy’s PIP limit when you have suffered a significant or permanent injury, scarring, or death.
• Insurance companies will still dispute or even aggressively challenge PIP claims, even though PIP is “no-fault” coverage.
• If you are entitled to coverage beyond that provided by PIP, such as negligence or strict liability, your insurance company will not reveal this to you, and most people are unaware that this entitlement exists.

So, even if you are filing a PIP claim with your insurance company, you need to contact the Fort Myers personal injury lawyers at Spivey Law Firm for help to ensure you receive the maximum amount to which you are entitled.

Let Our Fort Myers Personal Injury Attorneys Assess Your Evidence to See if You Have a PI Claim

It is important to note that you will need to prove your personal injury claim, no matter who or what caused your injuries. More specifically, you will need proof of:

• The cause of your injuries
• The extent of your injuries
• The long-term effects of your injuries

Even if a no-fault PIP claim is all that is available to you, you will still need to prove that the accident is what caused your injuries. The Fort Myers personal injury lawyers at Spivey Law Firm can tell you if you have claims beyond your PIP.

For example, to prove your claim for damages after an accident, you will need to show:

• That an immediate, prompt, and thorough on-scene investigation was conducted
• That you conducted a follow-up investigation to obtain relevant evidence, such as videos, witness statements, all relevant records, and other evidence
• That you sought immediate medical attention to establish your diagnosis
• That you sought follow-up medical treatment and medical records updates
• A collection of bills and receipts, and
• That you are documenting the effects of your injuries on an ongoing basis

Contact a Fort Myers Personal Injury Attorney for Help with Your Personal Injury Claim

The experienced attorneys at Spivey Law Firm understand that personal injuries are hard on you and your family and proving your claim can be challenging and time-consuming. If you believe you have a claim, Attorney Randall Spivey at Spivey Law Firm, Personal Injury Attorneys, P.A. can help. Contact us online or by calling 888-477-4839 today.