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If you’ve been hurt in an accident or through circumstances you didn’t cause, like in a car wreck, a collision with a commercial vehicle, a slip-and-fall in your local grocery store, or even bitten by the neighbor’s dog, then you may be eligible for compensation for your injuries.

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A Fort Myers personal injury lawyer from Lytal, Reiter, Smith, Ivey & Fronrath can help you file a claim against the party that caused the accident, helping you recover the cost of your medical treatment, lost wages from work, and compensation for your pain and suffering.

Our skilled attorneys handle all kinds of cases

Some of the most common kinds of personal injury claims that the personal injury attorneys at Lytal, Reiter, Smith, Ivey & Fronrath represent include:

  • Car crashes, including multi-vehicle collisions and motorcycle wrecks
  • Pedestrian accidents or an accident on a bike
  • Slip, trip-and-fall, or premises liability cases
  • Medical malpractice and misdiagnosis
  • Commercial vehicle and semi-truck accidents
  • Malfunctioning or defective consumer product liability cases, including medical devices
  • Toxic fumes exposure
  • Workplace accidents
  • Pedestrian accidents or bike collisions with a vehicle
  • Public transportation accidents, like a bus or light rail

These are by no means the only kind of personal injury cases one of our seasoned litigators can handle, just some of the most common ones that our clients experience. If you are not sure if your situation qualifies as a personal injury case, please contact us for a free case review.

Steps to take after being hurt

The moments after you’ve been hurt can be chaotic, painful, and confusing. Remembering what to do after an accident keeps you safe and provides your personal injury lawyer with more evidence for your claim.  

1.  Find a safe place away from the source of injury

If you are in a car accident, try to move the vehicle out of traffic if possible. If you are otherwise in danger, remove yourself from the danger as soon as you can.

2. Perform a self-evaluation

You may not “feel hurt” due to the pain-masking effect of the adrenaline released right after an accident, so it’s important to look for injuries or bleeding. 

3. Call 911 and ask for an ambulance and the police

When you call 911, you get treated at the scene by trained professionals who know what kind of injuries to look for after an accident like yours. The responding police officer creates an accident report, a valuable piece of evidence for your lawyer.

4. Take notes and photos of the scene

Include the scene of the accident and surrounding area and as much photographic evidence of your injuries as you can. Jot down everything you recall happening while your memories are fresh.

fort myers personal injury steps

5. Collect contact information from witnesses

Ask any witnesses to provide their names and phone number for you, and pass these on to your lawyer.

6. Keep a written or digital record of your experience in the minutes, hours, and days after the accident

Jot down your pain levels each day, and note when your injuries impact your ability to take care of your home and family or do your normal job duties. 

7. Visit your primary care physician or specialist

Without a doctor’s diagnosis, it’s difficult for your Fort Myers personal injury attorney to prove that you were hurt due to the accident. 

8. Speak with an attorney

An experienced personal injury lawyer guides you through the legal system, represents your interests against the other party’s insurance company, and fights to get you the compensation you deserve.

Don’t miss the deadline to file your claim

Florida sets a statute of limitations for a plaintiff to file a personal injury case two years from the date of the accident. If you miss the deadline to file the case, then a judge will likely dismiss your case, even if it’s apparent that the defendant’s actions were seriously negligent.

fort myers personal injury claim

Medical malpractice cases or exposure to toxic substances can be exceptions to the statute of limitations. In this instance, the statute of limitations begins when your condition is diagnosed, not the first time you were exposed to the toxin or the onset of the disease.

Damages you can recover in a personal injury case

Personal injury lawsuits are the legal means by which victims of negligence receive fair and proper compensation for their financial losses. In Florida, plaintiffs in a personal injury lawsuit may file for economic and non-economic damages.

Economic damages

Economic damages are the actual, quantifiable amount of your losses. Your personal injury lawyer totals these to determine the value of your case. You may be entitled to recover:

  • Cost of medical care, including emergency services, surgeries, physical therapy, and skin grafts
  • In-home health care or accommodations in a long-term care facility like a nursing home
  • Property damage, such as repairing or replacing your vehicle
  • Lost wages due to time missed at work
  • Reduced career opportunities if your injuries make it impossible to continue in your current job

Keep receipts and all paperwork from your accident, like medical bills, estimates from an auto body shop, or other costs you incurred after the accident, like a rental car or rideshare travel.

Non-economic damages

Non-economic damages are non-quantifiable losses you experience, including:

  • Pain and suffering – your injuries hurt!
  • Emotional trauma – many accident victims develop situational anxiety or PTSD
  • Diminished quality of life or inability to enjoy or participate in activities they did before the accident

It’s difficult to put a dollar value on the pain from your injuries or the effect of the accident damage on your enjoyment of your life. Often, a Florida civil court judge will award non-economic damages based on the amount of your economic damages.  

How we can help

We investigate the cause of your accident and file a lawsuit for you in a Lee County civil court.  We also communicate with the other party, their lawyers, and their insurance company on your behalf and then report back to you.

Personal injury lawyers prepare your case, building it on a foundation of facts, expert testimony as to the cause of the accident, how your injuries affected your life and the legal obligations and responsibilities of the at-fault party (the defendant).

When you trust your Fort Myers personal injury attorney to represent you, you can rest easy knowing that a legal professional is negotiating on your behalf. If your case goes to medication, your lawyer represents you there and in a civil court if the case goes to trial.

Proving liability

In Florida, personal injury claims must meet four separate criteria, and if the case meets all four, then your personal injury lawyer will file the lawsuit for you.

Negligence is a legal term that refers to the failure of a person or entity to meet the expected level of care or responsibility that a reasonable person would have rendered under similar circumstances.

Your personal injury lawyer must prove four things for a successful personal injury settlement:

  1.   The defendant had a particular duty of care toward you
  2.   The defendant failed in their duty of care towards you
  3.   This breach of duty of care resulted in direct harm or injury to you or otherwise caused the accident
  4.   You, the plaintiff, suffered financial loss due to these injuries and property damage

The manner in which your lawyer constructs your argument for a claim depends on the circumstances of your accident – every personal injury case is different. We work closely with you throughout the process and conduct our own investigation into the accident and the party or parties that contributed to its cause.

Common questions about personal injury claims

How much is my case worth?

Every situation is different, but typically, the more serious your injuries are, and the greater impact on your life, the higher your case’s value will be. Trust our team to seek the highest settlement award possible.

How much does a personal injury lawyer cost?

Many personal injury lawyers work on a contingency basis, meaning they collect their fees from the final settlement award. You do not pay for services unless they win your case. We will discuss our fee structure at your initial free consultation.

Will I have to go to court for a personal injury lawsuit?

Often, a personal injury case can be settled out of court, either through a demand letter from your lawyer or in mediation (negotiations between both parties overseen by a neutral third party). If we cannot achieve a fair settlement in negotiations, then we vigorously litigate your case before a judge and jury.

Our Fort Myers personal injury lawyers are here to help

Have you been hurt due to the negligence or reckless actions of someone else? We can help! 

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Our Florida personal injury lawyers are passionate about defending the rights and interests of victims who cannot advocate for themselves, fighting against negligent drivers, hospitals and medical providers, and big corporations who have harmed people through reckless actions or oversight.

Don’t wait – contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 to schedule your free case consultation.

Discover your legal options today.

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  • Don't pay for someone else's negligence. Let us help.

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