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ToggleIf you or someone you love was injured in a car accident, you could have a valid personal injury insurance claim or accident lawsuit. Seeking financial compensation can be challenging and stressful if you attempt to face the legal process alone. A car accident lawyer serving injured clients can describe what you should expect during the legal process of recovering damages.
A Fort Myers car accident lawyer can bring many resources to your injury claim. They will investigate the accident, interview witnesses, and prepare your insurance claim or lawsuit. Personal injury law firms in your area may offer a free review of your case and accept it on a contingency fee basis, meaning you owe nothing unless and until you get compensation.
Be Prepared to Exchange Important Details at Your Initial Car Accident Consultation
Not every motor vehicle accident will entitle you to file a personal injury claim. During your initial legal consultation, a legal professional will listen to your version of the events that led to the accident. If your accident resulted from negligence, they will describe the steps involved in recovering damages under Florida Statutes § 766.202.
A Lawyer Can Document the Monetary Value of Your Car Accident Compensation
Seeking financial compensation for a car accident usually starts with assessing the value of your economic damages. These financial losses are easy to calculate since they typically have bills, receipts, invoices, and estimates substantiating their monetary value. Your economic damages may include:
- Known and anticipated medical expenses
- Known and anticipated losses of income
- Loss of the ability to earn in the future
- Property damage, loss, or diminishment
You can also seek fair compensation for the accident’s non-economic damages. These are harder to quantify and can be difficult to document on your own. They typically include:
- Limiting impairment
- Disfigurement
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Lost quality of life
Wrongful death damages may be available for surviving families. They can include:
- Funeral and burial expenses
- Loss of income and support
- Loss of consortium, guidance, care, and companionship
Your personal injury attorney will not ask you to gather evidence while you focus on healing. They will build a solid collection of evidence, including proof of what your car accident claim is worth.
Understand the Potential Timeline of Your Personal Injury Claim
While you may be entitled to compensation, you have a narrow window of opportunity to pursue it. In 2023, Florida changed its statute of limitations from four years to two. This recent change can make the filing deadline confusing and hard to comply with.
According to Florida Statutes § 95.11, you also have two years to file a wrongful death lawsuit if a loved one was fatally injured in the accident. If the applicable statute of limitations expires, you could lose the right to file your personal injury lawsuit. The insurance company may stop negotiating with you, and you will have no avenue of relief from the accident’s financial burden.
Your Car Accident Attorney Will Investigate Your Accident
The legal process of recovering damages requires proof of the responsible party’s negligence, carelessness, or recklessness in causing your accident. Your motor vehicle accident lawyer’s investigation will aim to prove:
- The liable party owed you a duty of care
- They breached their obligation to provide that duty of care
- Their actions directly caused your accident
- You suffered financial harm as a result
Your Fort Myers personal injury lawyer will compile evidence to prove these elements, indicate the at-fault driver’s financial liability to their insurer, and lead your case toward a fair settlement.
The Legal Process Starts With Collecting Supporting Evidence
A comprehensive evidence file will tell the story of your accident objectively and help you seek the compensation you need and deserve. While every case is different, the evidence your lawyer will collect can include:
- The official traffic accident police report
- Injury-related medical records
- Medical, rehab, and therapy bills
- Photos and video footage from the accident scene
- Accident reconstruction
- Lay and expert witness statements
You will not have to collect this evidence or analyze its impact. Your car wreck lawyer will do this for you and submit your completed case file, along with a settlement demand, to the at-fault party’s insurance company on your behalf.
The Role of Depositions and Discovery in Resolving Your Car Accident Claim
Discovery sessions are an important tool in personal injury case evaluations. Discovery offers the chance to preview the negligent party’s legal case and any evidence their legal representation has. Similarly, depositions can allow your car accident lawyer serving Fort Myers to hear from the negligent driver and other witnesses.
This preview can help them strengthen your accident injury claim. You, too, may have to sit for depositions. If you do, your attorney will help you prepare to answer questions and share your version of events comfortably. Depositions can lead to an out-of-court settlement when evidence and testimony support the at-fault driver’s negligence.
Your Attorney Can Negotiate for a Settlement With the Insurance Company
When a lawyer negotiates on your behalf, they can help you avoid a speedy but flawed settlement. They will take time to ensure all your post-accident expenses and losses are known and documented. Your car accident attorney will also:
- Weigh the feasibility of each settlement offer
- Submit counteroffers when appropriate
- Fight for a fair financial settlement
The final settlement decision is yours. Your lawyer will guide you toward a well-informed one that provides the best possible recovery for you and your family.
Contact Our Auto Accident Team for Your Free Consultation
If you or a loved one was injured in an automobile accident, you should know what to expect during the legal process. Our car accident lawyers can help you navigate every step of the process and fight for the fair compensation you need and deserve.
You are not alone in your pursuit of car accident compensation. Find out how hard our law firm fights for car accident victims. Call (954) 633-8270 to contact our legal team at the Law Offices of Wolf & Pravato and get started today.