Types of Personal Injury Claims We Handle in Fort Myers, FL
Every personal injury claim is unique, which is why we take a personalized approach to every case. When you come to us for help, we can assess your specific circumstances and explain your rights and options for recovering compensation.
Our team at Kemp Law is prepared to take on many types of cases, including those involving;
How Long Do I Have to Pursue a Personal Injury Claim in Fort Myers, FL?
For most personal injury cases, you typically have two years from the date you were injured to file a lawsuit against the responsible party or parties. If you recently lost a loved one due to negligence, the personal representative of their estate has two years from the date they passed away – not necessarily the date they were injured – to file a wrongful death lawsuit.
Missing these deadlines can result in losing your right to pursue compensation. Our Fort Myers personal injury attorneys are ready to listen to your story and walk you through how we can help, so don’t wait to get in touch.
What Compensation Can I Recover in a Fort Myers Personal Injury Claim?
A personal injury claim allows you to recover both economic and non-economic damages. Economic damages refer to measurable financial losses, while non-economic damages address the impact of the injury on your overall quality of life.
Our attorneys can help you pursue compensation for all economic and non-economic damages, including:
- Medical bills
- Lost wages
- Reduced earning capacity
- Property damage
- Emotional distress
- Pain and suffering
- Disfigurement
- Loss of enjoyment of life
Punitive damages may be awarded in Florida personal injury cases when the defendant engaged in intentional misconduct or gross negligence. The courts use punitive damages to penalize the defendant for especially egregious behavior and to deter similar actions in the future.
I Was Hit by a Car While Crossing Tamiami Trail, but Not at a Marked Crosswalk. Can I Still Sue?
Tamiami Trail is the informal name for the stretch of US Highway 41 that connects Miami and Tampa. It cuts through the heart of Fort Myers, including past the Bell Tower Shops. There are a variety of reasons you might need to quickly cross this street outside of a designated crosswalk, but if you were hit by a car while attempting to do so, you are likely wondering about your legal options.
Florida law follows a concept known as modified comparative negligence. This means that even if you were partially at fault for a pedestrian accident, you may still have the ability to seek compensation from the driver who struck you, so long as you were not more than 50% responsible for the accident. The key lies in determining the degree of fault for each party involved in the collision. A court or jury examines the circumstances, such as the driver’s actions, the speed of the vehicle, and whether you were visible while crossing.
Drivers in Florida must always exercise reasonable care to avoid collisions, regardless of whether pedestrians are in a marked crosswalk. If the driver was distracted, speeding, or failed to notice you due to negligence, you could argue that they hold significant responsibility for the accident. Your rights as a pedestrian don’t vanish simply because you crossed outside of a designated crosswalk. Factors like poor lighting, obstructed views, or a lack of accessible crosswalks on the relevant stretch of Tamiami Trail could also influence an assessment of the situation and help establish that the driver acted negligently.
If a judge or jury finds you are partially responsible for the collision because you didn’t use a marked crosswalk – which is a real possibility – your recovery will be reduced by the percentage of fault assigned to you. For example, if you are determined to be 20% responsible for the accident, your awarded compensation will be reduced by 20%. However, if the judge or jury decides you are more than 50% responsible, meaning if you are found to be 51% or more at fault for the accident, you cannot recover damages at all.
Our Fort Myers personal injury lawyers are prepared to take on complex cases, including those involving comparative negligence. If you know you are likely partially to blame for any kind of accident, we can review what happened and walk you through your legal options.
Our legal professionals can provide personalized attention and compassionate support. Call (727) 788-6792 or contact us online today.
