Southwest Florida Accident Attorney

Fequently Asked Questions Following a Southwest Florida Auto Accident

The laws in Florida setting forth your rights and obligations after an auto accident are complex. If you are concerned about your legal rights, then contact my Fort Myers injury law firm to discuss your auto accident case BEFORE you talk with a claims adjuster from the insurance company of the person at fault.

These insurance adjusters have only one goal:  save their insurance company as much money as possible.  Insurance adjusters are specifically trained and are skilled at asking questions in such a way as to minimize your recovery.

Giving a recorded statement or signing the wrong papers without seeking advice from an experienced accident lawyer could literally you are giving away valuable legal rights — and significant money damages you are eligible to receive for your serious personal injury.

If you, or someone you care about, has been injured in a local auto accident, then contact me for case evaluation by completing our online consultation form (you can cut and paste your description of the incident right in the box) or call us to discuss any questions you may have about your rights after an auto accident.

What can I do to protect my interests after a Florida auto accident?

1. You should report the accident immediately to the police; if you are not physically able to do so because of serious personal injury, then a family member or friend can make the call and initiate the investigation.

2. All witnesses to the accident should be identified by name, address and telephone number. Take photos or videos of the scene and vehicles from as many angles as possible. Photographs showing the damage to your vehicle can be invaluable in assisting us in maximizing your recovery.

3. If you require medical treatment, be clear and accurate in what you say about how the accident happened. Also, be sure to give your doctor a complete, accurate and truthful description of how the accident happened, what problems you are having as a result of the accident, and make sure to tell your doctor about all prior similar injuries you may have had.

4. You have a duty in Florida to be cooperative with your own insurance company.

5. You do not, have any obligation to cooperate or give a recorded statement to the other driver’s insurance company.

6. If you have suffered lacerations, burns or bruising, take photographs of your injuries, reflecting the injury and any bandages or braces that may have been placed. Such photographs will become invaluable in establishing your injuries after your injuries have healed.

7. Gather all automobile insurance policies in your household for evaluation by an experienced attorney to determine the full extent of insurance available to you.

What are the typical issues that I will face in making a claim for my injuries?

A claim made against another driver or vehicle owner is called a “tort claim.” It is usually based upon the concept of carelessness or negligence, although it can also be based upon an intentional or reckless act. The person who is at fault for causing the accident is referred to as the “tortfeasor” or “defendant.”

Attorneys and insurance adjusters know that the three categories of issues that typically arise in a tort claim after an automobile accident are the following:

1. Liability
2. Damages
3. Insurance Coverage

Liability refers to the question of who is at fault and to what degree. Florida is a comparative fault state, meaning that your recovery can be reduced by the percent of your own comparative fault. The negligent driver’s insurance company — representing the person who caused the accident –  wants to minimize or eliminate the fault of its driver and maximize your degree of comparative fault.

Damages refers to the injuries or losses that were caused by the auto accident.  Damages include past medical bills, future medical bills that you are reasonably certain to incur, past lost wages, future loss of earning capacity, and past and future amounts for the pain, mental suffering, loss of enjoyment of life, and other elements of damages.

Insurance coverage is frequently not as simple a determination. Often there are disputes over which of several insurance policies are responsible for paying your damages. There are also efforts by the insurance companies to deny or defeat coverage.

Where uninsured or underinsured motorist coverage (UM) is involved, there are multiple issues that must be resolved — and done properly — to protect your rights and ensure maximum damages compensation. Insurance coverage can be a very difficult road to navigate, and it is best to hire an experienced accident attorney.

How is my attorney paid? What if I can’t afford a attorney?

At the Harris Law Firm, P.A., we handle personal injury cases on what is called a “contingency fee” basis.

This means that no attorney fees are charged unless we collect money damages for you. Your initial personal injury consultation with our office are absolutely free. When you receive compensation, meaning we have successfully concluded your case, either by settlement or litigation, our fees are a percentage of the gross settlement.

How long will my case take?

The answer to this question typically depends on the case as well as your needs.  Typically, after a serious auto accident, the client will be obtaining medical treatment, physical therapy, and so on.  As the end of this treatment starts approaching (as decided by your doctors), your treating doctor will often indicate his or her findings regarding your injuries, including diagnoses and your future health (prognosis).  This allows everyone — you, me, the negligent driver’s insurance company — have a better understanding on what your future medical condition and expenses or losses.

Typically, the average auto accident claim can be resolved within months after an accident, and sometimes longer (e.g. a year) depending on the specific circumstances.  What makes this happen faster is having an aggressive, ethical lawyer who stays on top of your case and the insurance company.  Too many lawyers hand a personal injury client file off to non-lawyer assistants, and then the case goes cold.

Not at my law firm.  We engage the negligent driver’s insurance company right away, as well as your PIP carrier, uninsured insured motorist (UM) carrier, and begin gathering evidence and documenting the auto accident, property damage, and your injuries.  We begin preparing your case for resolution right away so time is not wasted and delays do not occur.

Once your treating physician places you at MMI (Maximum Medical Improvement), then we complete our special demand package for settlement, subject to your approval, to the insurance company, and work negotiate the highest possible settlement you are entitled to.

Of course, the estimate of time is subject to the facts of the case.

What does MMI mean?

MMI means Maximum Medical Improvement. Simply it is a term used by doctors to describe that your injuries and condition have improved as much as possible and you are as good as you are ever going to get.

How much is my case worth?

This is a fairly common question we are often asked. I found have certainly found that seriously injured persons simply want to know if their medical bills will be paid, lost income made up for, and pain and suffered considered and compensated.

The evaluation of your case is based on many factors, which include, among other things, the following:

1. how the accident happened
2. the extent of damage to the vehicles involved
3. the type and extent of your injuries and medical treatment
4. whether you sustained permanent injuries or significant scarring
5. the amount of your past medical bills
6. the expected amount of your future medical bills
7. the lost wages you have incurred
8. the future loss of earning capacity
9. your credibility
10. credibility of witnesses
11. amount of insurance, assets, or other funds available to compensate you

There are other factors, but you should get the point.  The amount of compensation for your harms and losses is tied to these factors.  Call me, and experienced Fort Myers injury lawyer serving all of Southwest Florida (and beyond) and we’ll discuss your injury matter.