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The sooner you reach out to us, the sooner you will be connected to an attorney who can help you navigate the complicated personal injury claims process and help you get the money that you deserve. Many people believe that they should file an insurance claim on their own, before hiring an attorney, but this is a misconception that only the insurance company benefits from. The sooner you are represented by an experienced legal professional, the fewer opportunities the insurance company will have to capitalize on simple mistakes that are easy to make if you are not a trained lawyer.
Read more below to learn more about personal injuries in Fort Myers, and contact 1-800-Injured as soon as possible to take an important next step in your situation and get partnered with an attorney.
Understanding Personal Injuries
After an accident, you may find yourself wondering if you have a legal right to seek additional compensation in the form of a personal injury lawsuit. This is especially prevalent in situations where the person who caused the accident was acting in an exceptionally reckless or negligent manner, such as driving drunk or a doctor failing to diagnose, but there are many different situations that fall under the umbrella of “personal injury,” as long as they have a few certain factors present.
In order to determine whether or not a situation is eligible for personal injury damage recovery under US tort law, the following must be true:
- The defendant had a duty of care that they were required to uphold
- The defendant failed to uphold their duty of care
- This failure led to an accident
- The accident caused measurable damages to the victim
For example, a person driving a car has a duty of care to the other drivers and passengers on the road, which they uphold by obeying traffic laws and operating their vehicle safely. When a driver chooses to speed, they violate this duty of care. However, speeding alone is not an issue. When an individual drives at high speed and their speeding causes an accident, they may then be liable for the damages, provided there were others who were injured as a result of their speeding.
What To Do After an Accident That Causes a Personal Injury
After any injury, your main priority should be your health and the health of your friends or loved ones that you are with. However, after an accident, it is likely that you will be confused, overwhelmed, and even in a state of shock while you are dealing with adrenaline and trying to make sense of what to do and how to handle the situation. The following steps are a general guideline that you can follow, but each accident is different and your response will need to be adjusted accordingly.
Prioritize Your Safety
After any accident, one of the most important things to do is to make sure that you can get to somewhere safe where you can avoid further injuries. This isn’t always possible, such as when you are in a situation where moving a victim could cause more damage, or leaving your location might expose to other hazards like oncoming traffic, falling, or something else. If possible though, think about how you can keep yourself and those you are with safe as you wait for help to arrive.
Call 911
It is essential that someone calls 911, whether it is you or someone else. Once the 911 operator is alerted to the situation, they will dispatch first responders who will be able to administer emergency medicine, secure the area, and get you to safety. Speaking directly to a 911 operator can be extremely helpful if you are able to because they will be able to help you remain calm and objective and make sure that you are taking the right steps to stay safe.
Get Medical Attention
When the EMTs arrive, they will be able to take stock of the injuries and determine the most appropriate course of action. You should listen to their suggestions, especially if they think that you need to take an ambulance to the emergency room for further medical attention. Many people worry about the cost, but since someone else caused your injuries you and your attorney will be able to seek compensation for the ambulance ride and more.
Gather Eyewitness Information
If there are eyewitnesses, it is important that you get their contact information so that they can provide a statement that will be an important part of the claims process. In addition to the accident report that the police will create, these statements will help to prove who caused the accident, which is an essential question when it comes to determining who is on the hook for paying for all of the damages.
See Your Doctor
If you are treated at the scene and leave on your own, this doesn’t mean that you are done with medical care. You need to see your doctor as soon as possible, even if you think that your injuries are fairly minor and that you can just “sleep it off.” In addition to the important benefit of the care you will receive, these visits establish official records of your injuries. If you do not have a record of your injuries, the insurance company will be aggressive in pushing back on paying for them.
Call a Lawyer
Contact an attorney as soon as possible. Many people choose to initiate their insurance claim without the help of an attorney, which is understandable because it is a simple process, but the reality is that form the moment you contact the insurance company, every statement and action you make will be under the lens of a major company that is focused entirely on paying you as little as possible. Once you are partnered with an attorney, you can focus on maximizing your recovery while they take care of the claim and the insurance company.
Common Types of Personal Injury Cases in Fort Myers
As with all of the other information on this page, your experience may be completely different even if your injury or accident is categorized similarly. This is why it is so important to work with an attorney who will take a customized approach to your case in order to understand the exact way forward to get you the money that you deserve.
Car Accidents
With more than 15 million registered drivers in Florida, it is no surprise that accidents are extremely common. In accidents that do not cause serious injuries, it is extremely common for the victims to submit an insurance claim for their property damage and personal injuries, wait to get an offer from the insurance company, and then move on with their life. Unfortunately, this offer is rarely, if ever, even close to the amount that the victim deserves. With an attorney assisting with the claim, they have a much better chance of getting the money that they deserve, not just the money that the insurance company would like to pay.
Medical Malpractice
When you consult with a medical professional, you have every right to expect that they will provide you with appropriate guidance and treatment. Medical professionals are expected to act in accordance with the prevailing medical practices with the intention of the best possible outcome, and when a doctor fails to adhere to prevailing practices and their patient is injured, this is an example of medical malpractice. Specific situations include things like misdiagnoses or failures to diagnose, prescription errors, surgical mixups, or errors during childbirth.
Slip and Fall Accidents
When you visit someone else’s property, whether private, semi-private, government, or public, you have every right to expect that the people responsible for managing the property have taken the appropriate steps to ensure that your visit is free of hazards and avoidable accidents due to structural or maintenance issues. In colder climates, a common slip and fall cause is due to icy walkways, but we don’t need to worry about icy walkways in Florida, and there are many other ways to fall – broken stair treads, faulty escalators, and more.
Motorcycle Accidents
Florida is the most dangerous state in the country when it comes to fatal motorcycle accidents, meaning that it is absolutely essential for all motorcycle drivers and passengers to know their rights, and how to get in touch with an attorney quickly who can help them build a strong case for the damages they suffer in the event that they are involved in one of the 9,000+ motorcycle crashes that happen every year in our state. Since a motorcycle rider is much more likely to be injured in an accident than the driver of a car in the same crash, it is important that all of these additional costs are accounted for during your claim.
Truck Accidents
Getting into an accident of any type is dangerous and damaging, but being in an accident with a commercial truck can be catastrophic, simply because of the size difference between a semi-truck or 18-wheeler and a passenger vehicle. In addition to the differences in size, the insurance claims process is more complicated when dealing with a commercial policy, especially commercial trucking policies that typically have in excess of $1 million in coverage. The good news is that there is more money available for victims, but the bad news is that there is a lot of complicated work involved before you are able to receive a comprehensive and fair settlement.
Product Liabilities
When a consumer purchases a new product, there are often inherent dangers that come with using the product, which the manufacturer (or other parties along the supply chain) is legally responsible to disclose these risks, along with the appropriate way to use the product in order to avoid these injuries. If a user is injured as a result of their own actions, the manufacturer is generally free of any liability, but in the event that the injury is the result of some sort of failure on behalf of the supply chain, this introduces what is known as a product liability case.
Why Work With a Personal Injury Attorney After a Fort Myers Injury?
When you file a claim with an insurance company, one of the most important things to remember is that no matter how easy the claim process seems, or how friendly and helpful the insurance adjuster is when you are working with them, the insurance company is focused entirely on limiting the amount of money that you ultimately receive for a settlement. An insurance company is a business, and like all businesses, the main goal is to make money. If an insurance company paid victims the full amounts that they deserved without a fight, they wouldn’t stay in business very long. Your attorney understands this and understands the tools that an insurance company uses in order to limit payments, and they will be able to fight back on your behalf.
In addition to getting the money that you deserve with the help of your attorney, you will also be able to focus on recovering from your injuries without the additional stress of handling negotiations, gathering information, and being the point of contact for the insurance company. It is repeatedly shown that injuries take longer to heal when the victim is stressed, and this entire process is stressful. By letting your lawyer take on this stress for you, you will be able to focus on what is most important: recovering from your injuries and getting your life back on track after this terrible experience.