If you or your loved one was injured in a car accident in Fort Myers, you may be facing significant hurdles to get your life back to normal. Your hurdles most likely include expensive medical care, a lengthy recovery process, time missed at work, pain and suffering, and possibly more.
Fortunately, you have legal options. If another party was responsible for the auto accident, you can recover financial compensation through an insurance claim or personal injury lawsuit. The Fort Myers car accident lawyers at the Law Offices of Wolf & Pravato can assist you in your case. With 75 years of experience, our personal injury lawyers in Fort Myers can represent your interests and fight for your fair settlement while you recover from your injuries.
Call us today at (954) 633-8270 and speak to a member of our legal team. We provide car accident victims with a free case consultation. During your consultation, we will listen to what happened in your accident and explain your legal options moving forward after this tragic event.
Car Accidents in Fort Myers Are on the Rise
According to the Florida Highway Safety and Motor Vehicles (FLHSMV) 2022 traffic crash report, there has been a steady increase in the number of automobile accidents in Lee County. Just from 2021 to 2022, the county saw a 6.6% increase in the number of crashes. With this increase in crashes, there was a 4.7% increase in injuries and a 17.39% increase in the number of fatalities.
If you have recently become the victim of a car accident in Fort Myers, you may be eligible for compensation. A car accident lawyer from the Law Offices of Wolf & Pravato will take on the insurance companies on your behalf and help you fight for the full and fair compensation you deserve.
Frequently Reported Causes of Car Accidents in Fort Myers
There are many forms of dangerous driving that can cause a car accident. These behaviors include the following:
- Distracted Driving: Texting and driving and other forms of distracted driving, such as eating while driving, fatigued driving, and even checking social media, take the driver’s attention away from the road and lead to accidents.
- Violating Traffic Laws: Running a red light, ignoring stop signs, or otherwise failing to follow traffic laws, which includes refusing to yield for pedestrians or not slowing down for a sharp turn, endangers the driver and others on the road.
- Adjusting to Weather: Not slowing down when the weather turns bad can be a serious problem. When storms hit Florida’s Gulf Coast, it can lead to hydroplaning and accidents.
- Reckless Driving: Driving aggressively, which can include speeding, tailgating, cutting off another driver, and illegal turns, passes, and maneuvers, only increases the likelihood of automobile collisions.
- Driving Under the Influence: Driving while intoxicated on drugs or alcohol has been shown to slow reflexes and impair judgment, which can lead to a drunk driving accident.
Causes of car accidents could even include the failure to use headlights when it gets dark outside.
The Types of Car Accidents We Handle in Fort Myers
Many of the causes of car accidents have resulted in severe injuries and major property damage. The Law Offices of Wolf & Pravato have a long track record of fighting for the rights of accident victims, taking on the insurance companies, and making sure our clients recover the compensation they deserve.
No matter how your accident occurred, we want to hear from you, and we are eager to evaluate your case and determine how we can help. We have won compensation for victims of many types of accidents, including:
1. Rear-End Collisions
Most, but not all, rear-end collisions are the fault of the driver in the back. They happen because the at-fault party is either:
- Following too closely
- Not paying attention to the road
- Impaired
- Distracted
These behaviors compromise a driver’s reaction speed and can result in a rear-end collision.
2. Head-On Collisions
Head-on collisions tend to produce the worst injuries and most substantial property damage of any type of car accident. They occur when a negligent driver veers over the centerline or drives in the wrong direction to traffic. These events often happen because of intoxication, distraction, or drowsiness.
3. Side-Impact Collisions
Side-impact collisions usually occur at intersections, typically because one driver ignored, disregarded, or failed to see a stop sign, red light, yield sign, or other traffic control device. The collision is also referred to as a T-bone.
4. Sideswipe Accidents
A sideswipe accident occurs when two vehicles, typically traveling in the same direction, impact each other on the side. This frequently occurs when one of the two vehicles is trying to change lanes and does not check their blind spots to see if the lane is clear.
5. Rollover Accidents
Rollovers can occur for a number of reasons, but the result is the same. The vehicle loses traction and center of balance, toppling over on its side or top. In extreme cases, the vehicle makes multiple rolls, violently throwing the occupants around and causing significant injuries.
6. Multiple Vehicle Pile-Ups
Normally occurring in heavy traffic, multi-car pile-ups typically begin with one driver hitting the rear of the vehicle in front of them, which causes that driver to lose control and strike someone in front of them. This chain reaction can continue multiple times until momentum is lost.
7. Rideshare Accidents
The drivers who work with Uber, Lyft, and other ridesharing services are considered independent contractors. These accidents are unique in how the insurance is handled. Basically, if the driver is on the app and is en route or has a paying customer, the rideshare insurance kicks in. Otherwise, the driver’s personal insurance policy would apply.
8. Hit and Run Accidents
Sadly, hit and run accidents are a reality in Florida due to the number of drivers without auto insurance. According to the Insurance Information Institute, 15.9% of the drivers on our roads are uninsured. With such a high percentage of uninsured drivers, we advise clients to carry uninsured motorist (UM) coverage with their auto insurance policy.
At the Law Offices of Wolf & Pravato, we will work to minimize your share of fault and maximize the compensation you can receive. To learn more during a free case evaluation with a member of our Fort Myers auto accident lawyer team, call us at (954) 633-8270.
What to Do After a Car Accident to Protect Your Health and Rights
After any car accident, you should do the following things:
- Check for injuries on yourself, your passengers, and anyone else involved in the accident
- Move to a safe location on the side of the road
- Call 911 so that the police can generate a police report
- Exchange information with the other driver and any witnesses
- Take pictures of your injuries, the accident scene, and the damage to the vehicles
- See a doctor as soon as possible
You should avoid apologizing, taking any blame, or making assumptions about the accident. Stick with just what you know.
If your injuries do not permit you to perform any of these steps, do not worry about them as we can help. You do not want to place yourself in further harm or danger. Call the Law Offices of Wolf & Pravato, and we can get started building your claim.
Understanding Florida’s Car Insurance and Accident Laws
Several aspects of Florida’s motor vehicle statutes affect what happens in the aftermath of a car crash:
Personal Injury Protection (PIP) Auto Insurance
Florida is a no-fault auto insurance state. Under a no-fault insurance system, you would file a claim with your PIP insurance carrier to seek compensation for your medical expenses and wage losses.
This coverage does not completely relieve the at-fault driver from financial responsibility. If your medical expenses exceed their PIP coverage, you may be able to sue the liable party for the outstanding damages.
The Serious Injury Threshold
The serious injury threshold, defined under Florida Statutes § 627.737, allows you as a car accident victim to seek further compensation through a personal injury lawsuit if your PIP policy is unable to cover your losses. However, you must meet certain requirements to follow a lawsuit. They include the following:
- Permanent loss of an important bodily function
- Disfigurement and scarring
- Permanent injury within a reasonable degree of medical probability
- Death
Bodily Injury Liability (BIL)
In the event that you cause an accident, your BIL would cover the victim’s medical expenses, lost income, and legal fees if you are sued.
For your car to be registered in Florida, you must carry a minimum of $10,000 PIP and $10,000 in BIL. We also recommend that you carry uninsured motorist (UM) coverage.
Modified Comparative Negligence
Florida now follows a modified comparative negligence system under Florida Statutes § 768.81. Under this law, a driver in an accident can still recover compensation even if they were partially at fault. However, their percentage of fault must be 50% or less to be eligible to receive compensation.
Their percentage of fault will also affect the compensation they receive. For example, if they are found to be 10% at fault for their car accident injuries, and the settlement is $100,000, they will receive $90,000.
Filing a Claim for Your Car Accident
If you suffered minor or moderate car accident injuries in a Fort Myers accident, you can submit your medical bills and evidence of lost wages to your PIP insurance provider on your own. They can provide you with information on how to do this. There are deadlines you should know:
- You should inform the insurance company of the accident as soon as possible.
- If you wish to use your PIP coverage, you must see a doctor with 14 days of the accident.
- If you plan to file a lawsuit against the liable party, you have two years from the date of the accident to file, per Florida Statutes § 95.11.
- If your family is seeking wrongful death damages, you have two years from the day your loved one passed.
If your injuries were more severe, you might want to speak to a lawyer. Collecting medical bills, evidence of the crash, your doctor’s prognosis—all of this will take time and energy you may not have while recovering from your injuries. Additionally, a lawyer has legal knowledge and experience with the insurers’ tactics to navigate the claims process effectively. While they develop your case and fight for the maximum compensation possible, you can spend your energy on your recovery.
How Our Fort Myers Car Accident Lawyer Determine Who Is at Fault
In a personal injury case, we must prove that the driver behaved in a negligent manner. Negligence is typically presented through four elements. They include the following:
- Duty of Care: The legal responsibility of drivers to obey traffic laws and ensure public safety.
- Breach of Duty: The action or inaction committed by a driver that deviates from the norm or violates traffic law.
- Causation: The driver’s actions lead to an accident, causing injuries and losses for the victim.
- Damages: The financial, physical, and emotional hardships the victim now has.
Proving these elements requires evidence, which can include any of the following:
- Photographs from the accident scene
- CCTV, dashcams, or security footage, where available
- Witness statements
- Police report
- Medical records linking your injuries to the accident
- Testimony from subject matter experts, such as traffic accident reconstruction specialists
- Statements from medical or vocational experts about the future costs of your recovery and the accident’s impact on your ability to work and more
The most direct form of evidence to determine liability is often a simple violation of a traffic law. If there is clear evidence that a driver failed to yield when they were supposed to and crashed into your vehicle, for example, you do not also need to prove that they were texting, intoxicated, or experiencing road rage to establish their liability.
Damages You May Recover as the Injured Party
Depending on the severity of your injuries and whether you may pursue compensation via a PIP claim or personal injury lawsuit, the amount of compensation you may be able to receive in a car accident case will depend on many factors.
You may be eligible to demand compensation for the following economic and non-economic damages:
- Medical expenses, including ambulance and ER fees
- Estimated costs of future medical treatments
- Pain and suffering
- Mental anguish and emotional distress
- Disability and disfigurement
- Loss of quality of life
- Lost wages, including tips, benefits, and promotions
- Reduced earning capacity if your injuries prevent you from returning to work
There may be additional damages in your case. Our personal injury attorneys can review your case and compile a list of all your damages.
You Don’t Have to Accept a Low Settlement Offer
When filing car accident claims, you will more than likely need to deal with insurance companies. This can be extremely confusing when you’re not familiar with the terms they use or with the value of your case. When you work with a Fort Myers car accident attorney from the Law Office of Wolf & Pravato, we can preserve your rights and ensure that you aren’t taken advantage of by insurance adjusters.
If the settlement offer is insufficient to cover your damages, we can take your case to trial. There, we can present evidence and arguments for your right to fair compensation for your losses.
However, remember that you only have two years from the date of the accident to file your lawsuit. If we miss that deadline, the courts will bar your case. You will also lose any negotiating leverage with the insurance companies. The sooner you contact us, the better position we’ll be in to represent you.
Take Help From Our Fort Myers Car Accident Lawyers
At the Law Offices of Wolf & Pravato, our auto accident law firm gives lawyers a good name. We do this by always meeting the needs of our clients first. That means prioritizing honesty, transparency, and constant communication. We will take the time to understand your needs and concerns, as well as the unique features of your case.
With our legal representation, we will make sure you understand every option available to you before moving forward. If you have questions or concerns or want to talk about your case, our staff is always here and always eager to hear from you.
The Law Offices of Wolf & Pravato is ready to defend your rights after your car accident. We can build your legal case while you concentrate on your recovery. When you hire us, our Fort Myers auto accident lawyers will:
- Give your answers and counsel on the legal process
- Communicate with the insurance companies so you do not have to
- Gather evidence and hire experts to testify in your defense as needed
- Manage your legal paperwork and deadlines
- Negotiate with the insurance companies for a settlement offer that meets the full extent of your damages
- Take them to court if they are not willing to make you a fair offer
Recovering compensation after a car accident can be intimidating, but you are not alone. Call us today at 239-337-4357 to speak to our representatives. The initial consultation is always free.
Should you choose to work with the Law Offices of Wolf & Pravato, you can rest assured knowing that our firm operates on a contingency-fee-basis with no upfront costs. Our auto accident lawyers are only paid if you win a settlement or ruling in court. There is no risk when you work with us.
Why Our Clients Feel We Give Lawyers a Good Name
We receive stellar reviews and feedback from our clients. Just read what one client has said about the service we provided to them:
“Words cannot begin to explain the gratitude I have for Vincent and Richard Provato and their staff. I have taken a long and hard two year journey through recovering from my accident and they were there with me and for me every step of the way. If you can put your faith in anything, put it in this, that this firm did their job and never had me question their ability to do so once.”
— Katherine K., Personal Injury Victim
This is but one of many accolades we receive from satisfied customers. We have secured over $200 million in personal injury settlements, and we can help you obtain the fair compensation your injuries demand.
Questions You May Still Have Regarding Your Fort Myers Car Accident
If you still have questions, call our number and speak to our representatives. We provide free case consultations for accident victims.
Below are some frequently asked questions that may also help you decide on your next steps:
1. Why Does the United States Have Such a High Rate of Auto Accidents?
In the United States, we drive more often and further than many who live in other industrialized countries. Things are more spread out in the U.S., and there are fewer alternative transportation options such as trains.
Regretfully, Americans also engage in reckless driving behaviors that increase the risk of auto accidents, including drunk driving, distracted driving, and fatigued driving.
2. Should I Go to the Hospital After a Car Accident in Florida?
It is always a good idea to go to the hospital or see your doctor following a car accident. Some injuries do not become symptomatic right away, and your body could mask pain and other symptoms for several hours following an accident. It is important to rule out internal bleeding, traumatic brain injuries (TBI), or other serious injuries.
Among the most common car accident injuries are:
- Cuts, abrasions, and burns
- Internal bleeding
- Broken bones
- Back injuries that may affect mobility
- Whiplash from the force of the impact
- Psychological trauma, including post-traumatic stress disorder (PTSD) and more
If you have been in an accident in Fort Myers, you will probably be sent to Lehigh Regional Medical Center. There, they can diagnose you and begin you on a medical treatment plan.
Not only will seeing a doctor allow you to begin recovery right away, but it also creates an important link in your medical record between the accident and your injuries. This can be valuable evidence in your car accident case.
3. How Long Does It Typically Take to Settle a Claim?
This question is often linked to a common concern related to financial strain. Accidents place a tremendous amount of hardship on the victim and their family, and resolving a personal injury claim quickly to pay off bills is a justifiable concern.
The best answer we can give you is that every case is different, and you should never feel rushed to accept any offer from an insurance company that does not cover your needs. We cannot guarantee quick results, but the sooner you call us, the sooner we can get started protecting your rights.
Contact Our Fort Myers Car Accident Attorney For Legal Help
The Law Offices of Wolf & Pravato may be able to help you recover damages for medical expenses, lost wages, pain and suffering, and more. If you have been injured in a car accident, contact us online or call 239-337-4357. The consultation is free, and we work on contingency, so you pay nothing unless we win.
