Car accidents can leave you with permanent injuries, the inability to work, and expensive medical costs. Following a car accident, you may feel confused and unsure of the accident’s implications. A Fort Myers car accident lawyer at Chalik & Chalik Injury Lawyers can help you file a claim to seek compensation for your injuries.
Complimentary Consultation for Fort Myers Car Accidents
It is normal to have a lot of questions following a car accident. Who will pay for your medical care? Who will cover the repair costs of your car? What will happen if you cannot return to work?
A complimentary consultation can help you answer some of these questions. Our lawyers will familiarize themselves with the specific details of your case during the consultation and let you know if we can help. If we do work together, we will handle the next steps in your case and fight for fair compensation.
Offer Representation While You Recover
Navigating the legal process while also dealing with your health can be challenging. You should not be required to take phone calls, handle questions from the insurance adjuster, or spend hours in court. A car accident lawyer in Fort Myers, FL who is familiar with Florida’s laws and has your best interest in mind will allow you to focus on your recovery.
Determining the Necessary Legal Steps
The next steps that we take legally will depend on the specific details of your case. In most Florida car accidents, the first thing we need to do is file a claim with your insurance provider.
Florida is a no-fault state, meaning in a car accident, many of your injuries should be covered by your own insurance provider before pursuing another party for compensation.
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Personal Injury Protection (PIP) in a Car Accident
It is possible that we will still need to file a third-party claim with the responsible party. Florida’s personal injury protection (PIP) policies cover a maximum of $10,000 in personal injury coverage and another $10,000 in property damage. A severe car accident with life-changing medical conditions can quickly exceed these costs. We will also assist you in collecting the necessary documentation for filing a car accident claim.
Most insurance companies require you to seek medical treatment within 14 days of the car accident to be covered under the PIP policy. Some insurance providers also require that you seek medical care from an approved physician.
Not All Injuries Are Immediately Apparent
While you may feel fine immediately after the accident, some injuries can be masked by adrenaline. Protect your health and your legal rights by seeking medical assistance as soon as possible. Even if paramedics do not send you to the hospital via ambulance, visit the emergency room or your personal care provider (PCP) right away for a complete evaluation.
Certain serious conditions like traumatic brain injury (TBI) can grow dangerously worse if left untreated. Even seemingly minor injuries like whiplash can affect your comfort and well-being for months or even years. Injuries your doctor should look for after a car accident include:
- Lacerations and abrasions
- Bruises and contusions
- Head and face injuries
- Broken or shattered bones
- Crushing injuries
- Internal organ damage
- Neck and spine injury
- Traumatic brain injury
The types and severity of your injuries depend greatly on the circumstances under which the accident occurred. High-speed impacts or accidents involving heavy trucks, motorcycles, pedestrians, or bicyclists present a greater risk of severe injury and even death. However, even a low-impact accident can cause problems.
A Fort Myers car accident lawyer from Chalik & Chalik Injury Lawyers can help you determine the extent of your damages and how best to proceed with your claim.
Chalik & Chalik Car Accidents Lawyer Near Me (239) 360-3029
Recoverable Damages in a Fort Myers Car Accident
Florida’s car accident laws dictate the compensation process. It is important that we work within these laws, while also seeking the compensation that you deserve. Depending on your case, we may be able to claim a variety of damages for your Fort Myers car accident.
There are times where PIP does not cover all the costs associated with an accident. In these instances, we may seek damages from the other driver’s insurance. Costs that we may seek from the other driver include:
- Medical costs
- Hospital stays
- Lost wages
- Lost future earnings
- Rehabilitation costs
- Funeral expenses
- Pain and suffering
- Loss of companionship
- Wrongful death
Florida Wrongful Death Claims
If you lost a loved one in a car accident in Fort Myers, we offer our sincere condolences. In this troubling time, you may feel overwhelmed or unsure how to proceed. Our wrongful death attorneys can help you navigate the difficult legal issues surrounding the loss of your loved one. We will work with you to hold the responsible parties accountable and seek compensation for your loss.
Although we know that financial remuneration cannot restore the loved one you lost, it can help ease the financial strain of funeral expenses, medical bills, and other associated costs.
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Florida Statute of Limitations for Car Accident Claims
There is a time limit on how long you can file a car accident lawsuit in Florida. Under Florida’s statute of limitations on car accident injuries, you have four years. This means that you must file a car accident lawsuit within four years of the date of the car accident. While some exceptions are possible, they are rare.
Working with our Fort Myers car accident lawyer can help ensure you are within the statute of limitations. Although four years may seem like sufficient time to file a case, it is in your best interests to speak with us sooner rather than later. The statute of limitations begins on the date the accident occurred, so time in the hospital or rehabilitation can reduce your time substantially.
In addition, your attorney will need time to compile evidence that demonstrates fault and substantiates the value of your claim. To ensure that you have the best chance for a positive outcome, provide your attorney with the time they need to build a solid claim on your behalf. Even with a straightforward case, negotiations take time.
We Will Go to Court If Necessary
While most cases settle out of court, your attorney should be prepared to take your case before a judge if negotiations fail. If there are complications involved in your vehicle collision case, it could affect your ability to file in a timely manner. A Florida car accident attorney will know how to navigate the legal complexities and ensure that you meet all the necessary deadlines.
Possible Complications in Car Accident Cases
Every car accident is different. There are many situations that can complicate the legal process. Florida welcomes large populations of tourists each year. Many of these drivers come from states that do not have no-fault insurance, which can complicate the process.
In some cases, an out-of-town visitor is driving a rental car. In a rental car accident, the driver may be held liable under Florida’s insurance laws, but the rental company can also carry some responsibility. Depending on the accident, you could file a claim with the rental company’s insurance company or the driver’s personal insurance.
A car accident lawyer can help you sort out situations like these and provide you with sound legal guidance throughout the process.
For a free legal consultation with a Chalik & Chalik lawyer serving Fort Myers, call (239) 360-3029
Determining Fault in a Florida Car Accident
Due to Florida’s no-fault policy, it is not always necessary to determine fault. You can submit a PIP claim to your insurance provider, regardless of who was at fault for the accident. However, if we file a lawsuit, we will need to determine who was at fault. Florida is a pure comparative negligence state. This means that your compensation can be reduced based on your level of fault for the accident.
Our attorneys will compile evidence to establish fault, including:
- Medical records
- Police report
- Insurance adjuster report
- Photographs of the accident
- Witness statements
- Accident reconstruction
- Expert testimony
Even if you are partially to blame for the car accident, you can still file a claim for compensation. The total settlement value is based on everyone’s relative responsibility for the collision rather than everyone’s specific level of fault. This means that even if you bear the majority of fault for the accident, you may still receive compensation for a portion of your damages.
How Comparative Negligence Works
For example, if you were in a car crash and accumulated $50,000 in damages, and you were deemed 80 percent at fault for the crash, you could not collect $40,000 or 80 percent of these damages. But if the other driver was 20 percent at fault, you could still collect the remaining $10,000. An attorney familiar with Florida comparative negligence laws can explain how they apply to your specific claim.
Call Chalik & Chalik Injury Lawyers for Car Accident Representation in Lee County
If you were injured in a vehicle collision, a car accident lawyer in Fort Myers, FL can help build your case. If we take your case, Chalik & Chalik Injury Lawyers will gather the necessary evidence in your car accident case and negotiate with insurance companies on your behalf.
We will fight aggressively to obtain a fair settlement. If we do not reach a reasonable agreement with the insurance company or opposing party, our attorneys are willing to represent you in court. For a free, no-obligation consultation, contact us today.
Call or text Chalik & Chalik (239) 360-3029