Being seriously hurt in a car wreck caused by someone else’s carelessness introduces countless complications, from long-term medical needs to lost wages and more. On top of physical and emotional recovery, the aftermath is an overwhelming maze of insurance forms, legal procedures, and financial uncertainty.
At an already difficult time, you just want answers and relief. This is where retaining an experienced Fort Myers personal injury attorney proves invaluable. The Fort Myers personal injury lawyers of Chalik & Chalik have successfully helped numerous clients navigate this process to achieve maximum case resolutions.
Our car accident lawyers in Fort Myers know how to build a strong liability argument, document all damages methodically, and fight insurance companies when they unfairly undervalue your claim. Our goal in taking your case is to alleviate this burden and fight to recover the maximum compensation possible on your behalf.
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 expenses? 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 experienced 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.
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Legal Representation While You Recover
Navigating the legal process while also dealing with your health and physical pain 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 an insurance claim.
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. In the event of an automobile accident, for instance, the injured party would contact their own insurance company before pursuing compensation from a third party.
To submit a third-party claim, however, you must first meet certain requirements. Furthermore, the level of fault can affect how much money you could recover. What exactly does this imply for you? In Florida car accident lawsuits, determining who was at fault is essential. You might not be able to recover full compensation if the other person can prove that you were partially to blame for the collision.
Chalik & Chalik Car Accidents Lawyer Near Me (239) 360-3029
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.
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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. Accident victims may experience bodily injuries like the following:
- Lacerations and abrasions
- Bruises and contusions
- Head and face injuries
- Broken bones
- Crushing injuries
- Internal bleeding, internal organ damage
- Neck and spinal cord 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 devastating injuries and even death.
However, even minor car accidents can cause problems and result in long-term issues like chronic pain.
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. We can advise you on the best courses of action throughout the entire claims process.
For a free legal consultation with a Chalik & Chalik lawyer serving Fort Myers, call (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, your Fort Myers personal injury attorney may be able to claim a variety of damages.
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. Economic and non-economic damages that we may seek from the other driver include:
- Doctor visits, medications, surgeries you’ve already received (medical expenses)
- Future costs for ongoing medical care as your recovery continues
- Hospital stays and treatment programs like long-term rehabilitation
- Lost wages from time missed from work to recover
- Potential lost retirement funds or benefits in severe, lifetime injury scenarios
- Reduced future earning capacity if injuries permanently impact your career abilities
- Compensation for pain and suffering experienced
Full wrongful death settlement benefits if a loved one was killed due to someone else’s negligence
The Fort Myers car accident attorneys at our firm are dedicated to recovering suitable compensation across the full scope of damages our clients endure.
Through diligent investigative work and strong advocacy, we fight to see accident victims reimbursed for every monetary category impacted by injuries not of their own making. You have my assurance we’ll leave no stone unturned in recovering what you deserve.
Florida Wrongful Death Claims
If you lost a loved one in an auto collision 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, economic losses, and other associated costs.
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 two years. This means that you must file a personal injury lawsuit within two 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 two 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 an experienced 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.
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 modified comparative negligence state. This means that your compensation can be reduced based on your level of fault for the accident.
Our skilled attorneys will compile evidence to establish fault, including:
- Medical records
- Police report – accident report
- Insurance adjuster report
- Photographs of the accident
- Witness statements – eyewitness testimony
- Accident reconstruction
- Expert testimony
How Comparative Negligence Works
Even if you are partially to blame for the automobile 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
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.
How Much does It Cost to Hire an Auto Accident Lawyer in Fort Myers, FL?
A common concern after a car accident is being able to afford legal help. Chalik & Chalik works on a contingency fee basis, meaning we only get paid if your case results in a settlement or award. This arrangement largely removes upfront costs as the firm covers expenses like filing fees, depositions, and hiring experts to investigate and build your case.
Contingency lawyers invest their time and money now in exchange for a pre-agreed percentage of the final settlement amount. They only get paid upon successful resolution of your claim. If there is no recovery, you owe nothing.
This model allows crash victims to pursue fair compensation of crash injuries and losses with no out of pocket costs or heavy financial risk. Initial consultations are free as well. So you needn’t worry about legal bills – focus on healing while an experienced advocate fights for your rights.
Call Chalik & Chalik Injury Lawyers for Car Accident Representation in Lee County
Dealing with the aftermath of a car accident when you suffer injuries is extremely difficult, particularly if someone else’s careless actions caused you harm. Making matters worse, insurance companies do not always make obtaining fair financial compensation from negligent parties an easy process.
This is where having an advocate by your side makes all the difference. Don’t let another person’s negligence leave you with financial hardship. The experienced car accident lawyers at Chalik & Chalik Injury Lawyers in Fort Myers are ready to fight for the maximum settlement your case deserves.
We will conduct a thorough investigation of the crash, document all of your losses, and present a compelling case to obtain suitable financial recovery from at-fault parties on your behalf. Rest assured our attorneys are prepared to fight for you to receive full and just recompense under the law.
Contact us today for a free consultation with our dedicated team to discuss a potential lawsuit without risk or obligation.
Call or text Chalik & Chalik (239) 360-3029