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. We can 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.
The Types of Car Accidents We Handle in Fort Myers
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, our Fort Myers car accident attorneys 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 us now at (954) 633-8270 to learn about your legal options.
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, and your doctor’s prognosis—all of this will take time and energy you may not have while recovering from your injuries. Additionally, our Fort Myers car accident 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.
Common Mistakes People Make Without a Lawyer
When you have our car accident attorneys representing you, we can protect you from some of the common pitfalls people make when seeking compensation for their injuries and losses. We can protect you from:
- Undervaluing Your Claim: Probably the biggest error you can make is accepting an initial settlement offer from the insurance company before you know the value of your losses. We understand that money is tight and you are facing a lot of stress, but we can investigate your accident and account for all the damages in your case, plus any costs you may face in the future.
- Missing Deadlines: There will be several deadlines you will need to meet in your case. Even the statute of limitations, which is typically two years, has exceptions that could shorten or extend that deadline. We are aware of all the deadlines your case may entail and will ensure none are missed.
- Inadequate Evidence: Trying to build a car accident claim while seeing to your health will be very problematic. You will need to collect enough evidence to prove the four elements of negligence: duty of care, breach of duty, causation, and damages. Missing any of these elements could jeopardize your claim. Additionally, some sources could be uncooperative, especially if they are a possible defendant. A lawyer can compel sources to provide evidence they have in their possession.
- Saying the Wrong Thing: Insurance companies will look for every opportunity to undervalue or deny your claim. They can take innocent statements you make and twist them around on you. Even saying, “I’m sorry,” could be used to prove fault. This also includes posts you make online. Smiling in a photo could be damning for your case. We can protect you from these tactics and speak on your behalf.
- Legal Errors: The courts have their rules and procedures, and we understand them. We can make sure to avoid any errors throughout the legal process.
You should not have to worry about collecting the right evidence or filing the right document with the right clerk. You should focus your attention on your recovery and allow us to handle your car accident claim in Fort Myers.
Pursuing a Car Accident Lawsuit for Fair Compensation
The Fort Myers car accident lawyers at the Law Offices of Wolf & Pravato will manage every aspect of your case, especially if it becomes necessary to file a lawsuit and seek fair compensation through a trial. We will:
- File the Complaint: We will file your complaint with the Lee County Courthouse. In your complaint, we will list the liable parties, what occurred in the accident, and the damages you are seeking.
- Defendant’s Response: The defendant has 20 days to respond to the complaint. The defendant can either admit fault or contest the complaint.
- Discovery Phase: If the defendant contests the complaint, both sides prepare to go to trial. They will request documents, send interrogatories, and schedule depositions. This phase could last up to a year.
- Pre-Trial Motions: At this point, both sides will begin filing motions, such as a motion for summary judgment or the exclusion of certain evidence.
- Negotiations and Mediation: Settlement negotiations will continue throughout the legal process. However, the court could order both parties to mediate their complaint.
- Trial: If neither side can agree to a settlement, the case goes to trial before a judge or jury. Each side presents their opening statements, evidence, witnesses, and closing arguments. The judge or jury then decides on the case and awards damages.
- Post-Trial Motions and Appeals: Depending on the outcome, the losing party may file an appeal, which could take another couple of months or years.
- Collect Damages: When we win, we will collect your damages and pass them on to you.
The time it takes to resolve a lawsuit can vary greatly depending on such factors as the severity of injuries, the insurance companies, and the number of parties involved. Your case could take anywhere between a month to three years.
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 car accident attorney in Fort Myers 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.
Get 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.
Our Fort Myers car accident attorneys are 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.
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.
Frequently Asked Questions:
How Much Is My Fort Myers Car Accident Case Worth?
Similarly, people often ask what the average settlement value for a car accident claim is. In either question, the answer is the same. The value of your case is based on the damages you have suffered. Seeking an average settlement value or listening to some lawyer pull a random number out of the air does a disservice to you.
You should seek compensation that covers all your medical bills, lost wages, pain and suffering, and any other losses you have experienced, as well as any necessary ongoing care. Our personal injury law firm will assess your case based on the evidence we collect.
Do I Have to Report My Fort Myers Car Accident?
Yes, per Florida Statutes § 316.065, you must report your car accident to the Fort Myers Police Department (FMPD) or the Lee County Sheriff’s Office if the accident results in injury, death, or property damage of $500 or more.
How Do I File a Crash Report on My Fort Myers Accident?
When you contact law enforcement, they will generate a crash report and give you a case number. The crash report will then be submitted to FLHSMV.
If your accident did not result in injuries, death, or $500 worth of damage, you can self-report through FLHSMV’s website.
How Do I Obtain My Fort Myers Crash Report?
After the police investigate your accident, they will give you a case number. It will take them anywhere from a few days to a week to finalize the police report. Using the case number, you can request a copy of the report from the police department in person or obtain a copy online from FLHSMV.
However, if you hire us as your car accident attorney, we will handle collecting the police report for you.
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.
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.
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.
What If I Was Hit by an Uninsured Driver?
Thankfully, Florida is a no-fault state, so you will file a claim under your PIP coverage. However, PIP may be insufficient for your injuries and losses. You could seek additional compensation through the following:
- Uninsured Motorist Coverage: UM/UIM is an optional insurance policy. If you have it, the policy provides additional coverage for medical expenses and lost wages.
- Collision Coverage: This is also an optional policy and could cover car and property repairs.
- Sue the Driver: If your injuries exceed the serious injury threshold, you could sue the driver directly.
