Every year in Fort Myers, there are thousands of auto accidents – many of which result in serious injury or death. The Fort Myers and Cape Coral area has a particularly high volume of car crashes due to poorly designed roadways and underfunded road construction projects that simply cannot handle the high volume of seasonal traffic and inattentive or worse, drunk drivers.
Because of the complexities of automobile insurance law and the potential loss of valuable evidence, it is extremely important that you take immediate action to protect your right to be compensated for your losses.
Contact a Fort Myers personal injury attorney today to fight for your justice. Call (239) 277-0005 to schedule a free consultation.
Why Choose Garvin Injury Law For Your Car Accident Injury Claim?
- We have decades of experience recovering the maximum compensation possible for car accident injury victims and their families.
- Our attorneys and staff provide personalized service tailored to your needs.
- We have the experience, skills, and resources to build your strongest case.
- Garvin Injury Law covers all expenses to pursue your claim, and you pay nothing until we win your case.
Common Causes of Fort Myers Car Accidents
According to the Department of Florida Highway Safety and Motor Vehicles (FLHSMV), there have been over 380,000 Florida motor vehicle crashes annually in recent years. Lee County accounts for approximately 15,000 of these crashes each year.
Motor vehicle crashes have numerous causes. Some of the most common causes of Fort Myers car accidents include:
- Speeding– Exceeding the speed limit gives drivers less time to react and make changes, making it harder for them to make turns or navigate curves. Speeding is a leading cause of motor vehicle crashes in the Fort Myers area.
- Distracted driving– Distracted driving includes texting or using a cell phone in any way, adjusting the radio or other controls, eating, talking with passengers, and anything else that takes a driver’s mind and eyes off the road or their hands off the wheel.
- Aggressive driving– In addition to speeding, other types of aggressive driving include tailgating, recklessly weaving in and out of traffic, running traffic lights or signs, and road rage behavior.
- Driving drunk or drugged– When a driver is under the influence of alcohol or other drugs, their ability to safely operate a vehicle is greatly diminished and can lead to catastrophic crashes.
- Drowsy and fatigued driving– A tired or sleepy driver does not have the same reaction time as a well-rested, alert driver and is more likely to be involved in a motor vehicle accident.
- Dangerous road conditions– Defectively designed highways and negligently maintained roads can cause car accidents.
- Equipment malfunction– If a vehicle part is not properly maintained or is defective, it may malfunction, causing a devastating accident. Examples of this include tire blowouts and brake failure.
Determining the cause of your car accident is foundational to your claim for compensation. Our attorneys investigate every client’s car accident to ensure all causes and responsible parties are identified.
Common Injuries Suffered in Fort Myers Car Accidents
Car accident injuries range from minor to catastrophic. Some of the most common Fort Myers car accident injuries include:
- Whiplash– This injury occurs when a vehicle suddenly stops, and your neck and head jerk back and forth quickly. Whiplash may not sound like a severe injury, but it can be. Whiplash can tear and strain muscles, tendons, and joints in the neck and leave victims with chronic pain and lifelong mobility issues. Symptoms of whiplash include neck pain, reduced range of neck motion, dizziness, headache, fatigue, and pain in the shoulders, back, and neck.
- Traumatic brain injuries (TBIs)–TBIs can range from mild concussions to fatal or life-altering brain damage. They can result from a blow to the head, an object penetrating the skull, or even from a sudden stop. Symptoms of TBIs include headaches, nausea, confusion, slower reaction times, difficulty concentrating, balance problems, exhaustion, and seizures.
- Broken and crushed bones– Car crashes often cause broken or crushed bones that may result in lifelong mobility issues and chronic pain. Some of the most common bones broken in car accidents include arms, legs, collarbones, hands, fingers, feet, noses, jaws, and ribs.
- Back injuries– Back injuries range from mild sprains and strains to life-altering spinal cord damage. The same backward and forward motion that causes whiplash can cause spinal fractures, herniated disks, and other back injuries. Major crashes are more likely to result in paralysis from irreversible spinal cord injury.
- Post-traumatic stress disorder (PTSD)– Many motor vehicle accident victims are so distressed and traumatized from an accident that they have a resulting anxiety disorder. They may have flashbacks, nightmares, difficulty sleeping, severe distress, and trouble completing ordinary daily tasks.
If you or a loved one suffered a traumatic and serious injury from a car accident, our brain injury lawyers in Fort Myers will work tirelessly to secure you financial compensation for your damages.
Injured in a Car Accident?
Contact an Attorney at Garvin Injury Law Today
Types of Compensation You May Be Entitled To After a Fort Myers Car Accident
Florida is a “no-fault” state for car accidents. Under this system, every driver must have a minimum amount of Personal Injury Protection (PIP) insurance coverage to pay for their own, their passenger, and pedestrian medical expenses up to $10,000, regardless of who is at fault.
This coverage pays 80% of medical expenses and 60% of lost wages, up to $10,000. However, the injured party must seek treatment within 14 days of the accident.
State law also requires drivers to maintain a minimum of $10,000 Property Damage Liability (PDL) insurance coverage to pay for damages to another party’s vehicle or personal property if they are at fault.
Many drivers also carry Bodily Injury liability, Uninsured Motorist (UM), and other types of insurance coverage. However, these are not required.
If an at-fault driver does not have sufficient insurance coverage for your damages, you may rely upon your Uninsured Motorist insurance if you have it.
If neither party has sufficient insurance coverage for the damages sustained, it can be challenging to recover compensation for the full value of your injuries.
Depending on the insurance coverage and assets available for paying compensation, the following types of damages may be recoverable:
- Current and future medical expenses
- Current and future lost wages
- Property damage for the repair or replacement of your vehicle and other personal property damaged in the accident
- Non-economic damages such as pain and suffering, mental and emotional distress, and loss of enjoyment of life may be recoverable if your injuries meet the “serious Injury” threshold under the Florida Statutes §627.737
How To Prove Fault After a Fort Myers Car Accident
Most car accident personal injury cases require proving that the other driver was negligent. To prove negligence, we must show the existence of four elements:
- The defendant owed you a duty of care. All drivers owe a duty of care to operate their vehicles in a way that ensures the safety of others on the road. They must use a reasonable standard of care to avoid harming others.
- The defendant breached their duty of care. If a driver fails to exercise a reasonable standard of care, they have breached their duty.
- The defendant’s breach of duty caused your injuries or damages as the cause-in-fact or the proximate cause. A cause-in-fact of your injuries would be if the driver ran a stop sign and crashed into you. A proximate cause could be if the other driver crashed into a building, and the building fell onto your vehicle.
- You suffered actual damages. We must prove that you have damages that resulted from the accident.
We use evidence to prove the elements of negligence and the value of your damages. Some of the types of evidence we may use to support your claim include:
- Police reports were filed by the responding officer to the accident
- Photographs taken at the accident scene and of your injuries
- Video footage taken at the scene and of your injuries
- Surveillance camera footage from nearby businesses, residences, and traffic cameras
- Dashcam footage
- Information from electronic data recording devices (black boxes)
- Eyewitnesses
- Expert witnesses such as accident reconstructionists, medical experts, and economic experts
- Financial documents such as pay stubs and income tax returns
- Receipts from expenses incurred because of the accident and damages suffered
- Property damage estimates
- Phone records
Our attorneys strategically determine what evidence best supports your case and work hard to maximize your compensation.
What If I Am Partially At Fault in My Fort Myers Car Accident?
Never admit or accept fault for the accident without consulting an experienced Fort Myers car accident attorney.
In Florida, if you are 50% or less at fault in the accident, you may still be able to recover damages from the other at-fault parties. However, the amount of compensation you can recover is reduced by your percentage of fault.
For example, if you are 10% at fault and your damages total $50,000, you could still recover $45,000 after your 10% fault is deducted.
If you are more than 50% at fault, you cannot recover any compensation.
At Garvin Injury Law, our attorneys work hard to avoid or reduce any amount of fault assigned to you and to maximize your recovery.
How Long Do I Have to File a Claim After a Fort Myers Car Accident?
A statute of limitations sets the deadline for filing a claim for compensation for damages sustained in a car accident. In Florida, the statute of limitations was recently changed. If you miss your filing deadline, you cannot recover compensation.
Under Florida Statutes §95.11 (5), the deadline to file a claim to recover damages suffered in a car accident is now two years from the date of your accident if your accident occurred on or after March 24, 2023. If your accident occurred before March 24, 2023, you have four years from your accident to file a claim.
The two-year deadline also applies to wrongful death actions that may arise when a car accident victim dies from their injuries.
There are some exceptions to the two-year deadline. For example, if you have a claim against a local or state government entity, your deadline to file a claim may differ, and you must follow a specific procedure. Additional rare circumstances may pause the statute of limitations, providing more time to file.
The process is similar to commercial vehicle collisions — you must consult an experienced Fort Myers truck accident attorney to determine your filing deadline.
In addition to your need to determine your filing deadline, you should also promptly seek legal assistance to help preserve essential evidence to support your claim. Evidence can be lost, destroyed, or diminished over time. Our attorneys act fast to secure and collect evidence to build your strongest case.
Jeff Garvin went above and beyond to ensure that my case was given the validation and attention it deserved. In a not so ideal situation, he made every effort to make sure the outcome was favorable. I would recommend his law firm to anyone needing legal advice.
Alyssa
What To Do If You Are Involved In An Auto Accident In Fort Myers
- Request and receive immediate medical attention for your injuries. Arriving at the hospital by ambulance assures that you will receive the most timely medical care possible.
- Do not give a statement about the crash to anyone other than law enforcement officers without an attorney present on your behalf.
- Arrange for photographs of the scene and all of the vehicles involved in the crash; please be sure to take as many photos as possible from different angles.
- Have a family member or friend photograph all injuries and, to the extent possible, the medical treatment being provided to you.
- Do not sign any documents giving possession of your vehicle to any insurance companies without the approval of your attorney.
- Keep a record of all medical and other expenses in any way related to your injuries; keeping a journal can be particularly helpful.
- Make sure to tell your doctor about all symptoms and or pains that you are experiencing, not just the most severe.
- As soon as possible, consult a car accident attorney in Fort Myers to determine if hiring a lawyer is in your best interest.
Fort Myers Accident Lawyers Discuss Florida No-Fault Law
When the Florida no-fault insurance system was enacted in 1972, it was supposed to lower state-wide auto insurance premiums. Unfortunately, premiums have steadily risen since then. In exchange for the claimed reduction in premiums, limitations on the right to sue for injuries received in an automobile accident were imposed.
Automobile insurance companies love to use the term “no-fault” to their advantage, but it does not mean that no one can be faulted for the accident; it is really just a term used to describe who must pay for the initial medical care and lost wages. We would be happy to explain this in greater detail in a free, no-obligation telephone consultation.
Pain and Suffering Compensation Requirements
In order to file a lawsuit that includes a claim for pain and suffering from a car crash, the injured party must show proof that one of the following is present:
- Significant or permanent loss of an important bodily function
- An injury that is permanent within a reasonable degree of medical certainty
- Significant and permanent scarring or disfigurement
- Death
Important Time Periods for Pursuing Claims Related to Auto Accidents
First and foremost, Florida’s current PIP (aka. “no-fault”) law further limits the amount of medical and or lost wage payments that they will cover if your initial treatment does not occur within 14 days of the motor vehicle accident.
Florida Statue 627.736 discusses some of the limitations on PIP coverage; for additional information, please contact the car accident lawyers in our Fort Myers office.
In the event that you have purchased under/uninsured motorist insurance coverage on your motor vehicle and need to file a lawsuit against your own carrier for breach of contract, the statute of limitations for this type of case can be as much as five (5) years.
Additionally, in the event that the car accident caused someone’s death, the personal representative of the deceased person would have only two (2) years from the date of the death within which to pursue the claim.
Florida Automobile Insurance
Here are five (5) basic types of automobile insurance coverage that may apply to a car accident in Florida:
- Liability, aka. Bodily Injury Coverage or BI, insures you in the event that someone else is hurt as a result of your negligence.
- Uninsured Motorist Coverage, which covers you in the event that someone else who injures you is either uninsured or underinsured.
- Property Damage Insurance, which covers you in the event that you cause damage to the property of others.
- Comprehensive Insurance, which provides coverage to you for damage to your vehicle, theft, and loss of use of your vehicle.
- Personal Injury Protection, which provides a total of $10,000.00 in insurance coverage to you that can be used to pay up to 80% of your medical expenses and 60% of your lost wages, along with death benefits in the amount of $5,000.00. Personal Injury Protection insurance is part of Florida’s no-fault insurance system. Under this no-fault system, an injured party is permitted to receive up to the $10,000.00 benefit for injuries or damages from their own insurance company regardless of who was at fault. *In order to qualify for the $10,000.00 in coverage, you must be diagnosed with an Emergency Medical Condition with the first 14 days following the crash.
- Medical Payment Insurance, aka. Med Pay, this coverage can be purchased if a driver wishes to raise the amount of insurance available to pay for necessary medical treatment. Like PIP above, this insurance should be paid regardless of fault. Most often, this must be paid back to the insurance company if there is a recovery.
- Umbrella (aka. Excess Coverage), Often individuals with collectible assets or corporations will purchase additional coverage for liabilities that may exceed standard auto liability policies.
What a Fort Myers Car Accident Attorney Can Do For You
An experienced Fort Myers car accident attorney can help you build your best case and greatly increase your chances of recovering the maximum compensation possible. Some of the ways they can help you include:
- Conducting a thorough investigation of your car accident to identify all possible causes and potentially liable parties who may be responsible for your damages.
- Issuing formal discovery to locate and gather essential evidence to support your case.
- Help determine the actual value of your current and future damages, so you know what would be a fair settlement of your case.
- Help negotiate a fair settlement of your claim as quickly as possible.
Contact Our Expert Fort Myers Car Accident Lawyers
Contact Garvin Injury Law today online or call us at (239) 277-0005 to speak with our experienced car accident lawyers for a free consultation, and we will fully evaluate your claim and go over your various options with you.
We have offices in Fort Myers, Naples, and Key West.; and have been handling auto accident cases from our headquarters in Fort Myers, Florida, for over the last 40 years.