The personal injury lawsuit process in Fort Myers is unique to each case, but there are general stages that many lawsuits go through. These include:
- Gathering evidence
- Submitting a demand letter
- Filing a complaint
Depending on the circumstances of your case, various filing windows, compensation limits, and evidence requirements may apply.
If you were injured or suffered losses or damages of any kind in an accident caused by another party’s negligence, you may have grounds for a personal injury lawsuit.
You may choose to pursue a personal injury lawsuit on your own, or you may be able to hire a lawyer to represent you. A Fort Myers personal injury lawyer can typically start right after your accident and manage the personal injury lawsuit process on your behalf.
Stages of a Personal Injury Lawsuit in Fort Myers
Here are the general steps involved in a personal injury lawsuit:
While it may be obvious to you who was at fault in your accident, you likely need to gather evidence of your accident to demonstrate liability to the responsible party’s insurance company or to a judge.
Evidence of liability may include insurance information, medical records, photo/video evidence, eyewitness statements, police reports, and testimony from accident reconstruction experts.
You may also want to gather evidence of your damages and their value to show what a fair value is for your case. This can include medical bills, income reports, and statements from medical or vocational experts.
Once you have identified the liable party and built your case against them, you may submit a demand letter to the responsible party’s insurance company outlining your losses and why you expect to be compensated for them. The insurance company may make you a fair settlement offer, ending your case, or they may engage you in negotiations.
Filing a Complaint
You may file a complaint to the relevant court if the insurance company denies your claim or refuses to compensate you fairly. This complaint essentially asks the court to make a judgment about your case.
The discovery phase is when the court will collect and review all case-relevant evidence that you present.
At this stage, the insurance company may wish to settle with you, especially if you have presented a compelling case to the court. If not, your case may go to trial.
If your case goes to trial, to win compensation, you must show that the at-fault party owed you a duty of care but breached it and caused injuries and damages that you feel you should be compensated for. Based on the facts presented during the trial, a judge or jury will then decide your case.
The Statute of Limitations for Personal Injury Lawsuits in Fort Myers
An important factor in the personal injury lawsuit process in Fort Myers is the statute of limitations.
Florida Statutes 95.11 imposes a general four-year statute of limitations on personal injury lawsuits and a general two-year statute of limitations on medical malpractice lawsuits. If victims wait too long and allow these deadlines to expire before they take legal action, it could result in a court dismissing their lawsuit.
Keep in mind that some circumstances, such as suing a government agency or the victim being a minor, could alter the deadlines in a lawsuit.
Our Practice Areas Includes:
The Law Offices of Wolf & Pravato represents Fort Myers accident victims in personal injury, wrongful death, and medical malpractice lawsuits. If another party caused you or your loved one harm, we may be able to help you recover compensation for your damages.
Our practice areas include:
- Automobile accidents
- Bicycle and pedestrian accidents
- Construction accidents
- Medical malpractice
- Birth injuries
- Defective products
- Slip or trip and falls
- Negligent security
- Premises liability
- Dog bites
- Wrongful death
- And more
As a full-service law firm, we can handle all aspects of your case while you focus on your recovery. This includes negotiating with insurance companies, gathering evidence, filing paperwork, meeting strict deadlines, and more. Our responsive team will be available to answer your questions and support you throughout your case.
Contact the Law Offices of Wolf & Pravato Today
No matter how your injuries occurred, we invite you to call in for a free consultation on your case with a member of our firm. You can reach the Law Offices of Wolf & Pravato today at (954) 633-8270.