Fort Myers Car Accident Attorneys
Experienced Law Firm Fighting for Auto Accident Victims in Fort Myers, FL
A car accident can change the course of your life in an instant. You may suddenly face physical, emotional, and financial challenges because of another driver’s negligence. If you have suffered serious injuries, you could be entitled to compensation beyond what your auto insurance policy covers, and you should not wait to consult a legal professional.
If you’ve been involved in a car crash that wasn’t your fault in Fort Myers, our team at Kemp Law is here to help. Our clients are more than just case numbers: Our personal injury attorneys provide compassionate, passionate, and results-driven representation designed to help auto accident victims get the resources they need and deserve. To that end, we have a history of securing successful outcomes for our clients, including millions of dollars in car accident settlements and verdicts. Our team includes members of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, a distinction given to fewer than one percent of attorneys nationwide.
When you choose our firm to handle your case, you can expect to work directly with one of our attorneys. We understand how to effectively approach these claims in Fort Myers and can put our experience to work for you. You owe us no legal fees unless we help you recover compensation.
We offer free consultations and are available to take your call 24/7, so don’t wait to schedule a free consultation with our Fort Myers car accident lawyers. Call (727) 788-6792 or contact us online now.
What to Do After a Car Accident in Fort Myers, FL
While you may be understandably stressed and overwhelmed in the immediate aftermath of a car accident, the unfortunate reality is that your actions in the moments and days after a crash are extremely important. It is in your best interest to take certain steps to protect yourself and your ability to seek compensation.
After a collision, you should make every effort to:
- Stay calm and assess the situation. Do your best to remain calm and composed. Move your car out of the way of oncoming traffic, if possible, and turn on your hazard lights. Check for injuries and verify that everyone involved in the crash is safe. If anyone suffered any injuries, do not hesitate to call 9-1-1 and request an ambulance.
- Notify the authorities. In Fort Myers, you must report the accident if anyone was hurt and/or if the collision caused more than $500 in property damage. If you are unsure about the value of the damage, call the police just to be safe. Do not leave the scene until law enforcement arrives (unless you need to go to the hospital in an ambulance). Explain what happened in objective terms without discussing fault. Ask for a copy of the police report.
- Say as little as possible. You might be tempted to make small talk with the other driver while you wait for the police, but anything you say could be used against you in legal proceedings. Limit unnecessary conversation and avoid saying anything that could minimize the extent of your injuries (such as “I’m okay”) or imply fault (such as “I’m sorry”).
- Document the scene. Take photos of the accident scene, including vehicle damage, road conditions, your injuries, and anything that may have contributed to the collision. These visuals can serve as valuable evidence during insurance claims or legal proceedings.
- Collect information. Get the other driver’s name, phone number, address, insurance information, license information, and vehicle information (including the plate number) before leaving the scene. If there were any witnesses, ask for their contact information, as well.
- Seek medical attention. Even if you don’t think you were seriously hurt, you still need to see a medical professional as soon as possible. Some injuries may only become apparent later, and documenting medical treatment (and its link to the crash) is essential for any potential legal claims.
- Contact your insurance company. Notify your insurance company about the accident as soon as possible. Provide them with accurate details about the crash, but do not admit fault. You should get legal advice before making any recorded statements.
- Consult with a personal injury lawyer. Seeking legal guidance from a reputable personal injury lawyer is crucial after a collision. Our Fort Myers car accident attorneys can assess your case, protect your rights, and advocate for fair compensation on your behalf.
How Long Do I Have to File a Car Accident Claim in Fort Myers, Florida?
Florida law imposes a strict time limit on filing a car accident claim, known as the statute of limitations. For personal injury claims resulting from car accidents in Fort Myers, the statute of limitations is generally two years from the date of the collision. If your loved one died because of injuries sustained in a car accident, the personal representative of their estate has two years from the date they passed away to file a wrongful death lawsuit.
If you do not file your lawsuit before the relevant deadline, you will most likely lose your right to pursue compensation. Two years may seem like a long time, but the sooner you get in touch with our team at Kemp Law, the better. Reaching out as soon as you can helps us preserve important evidence and put you in the best possible position.
What Types of Compensation Can I Recover in a Fort Myers Car Accident Lawsuit?
You can recover both economic and non-economic damages in a car accident lawsuit. Economic damages cover tangible financial losses, meaning calculating them tends to be straightforward. Non-economic damages cover intangible losses, which are tougher to assign a monetary value to. We can demonstrate the extent of your losses and present a case that fully reflects the impact of the accident on your life.
Our attorneys can work to get you just compensation for all economic and non-economic losses, including:
- Medical expenses
- Lost wages
- Lost earning potential
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
Punitive damages may also be awarded in Florida car accident cases when the at-fault party's behavior demonstrates intentional misconduct or gross negligence. These damages are not intended to compensate the victim but rather to punish the wrongdoer and deter similar behavior in the future.
I Was Partially to Blame for a Crash on McGregor Boulevard. Can I Still Recover Compensation?
Being partially at fault for a collision does not necessarily prevent you from recovering compensation, as the state of Florida follows a legal standard known as modified comparative negligence. Under this rule, each party involved in an accident will be assigned a percentage of fault as part of legal proceedings. Even if you share some responsibility for the crash, you could still be eligible to seek damages for your injuries and losses. However, the total amount of compensation you receive will likely be reduced based on your percentage of fault. For example, if you were awarded $100,000 and you were found to be 30% to blame, you would only receive $70,000. If you are found to be more than 50% responsible, you cannot recover any damages.
Our Fort Myers car accident lawyers can evaluate your circumstances and help you understand what to expect if you think you may be partially responsible for a crash. We can handle cases involving comparative negligence and fight to maximize what you recover.
We are prepared to handle complex car accident cases of all kinds, including collisions involving distracted driving, rideshares, uninsured motorists, and more. Call (727) 788-6792 or contact us online to discuss your rights and legal options today.
FAQs
you deserve answers
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How Do I Know Who Was At-Fault?
Fault is determined by the evidence collected during the investigation. We look to many things to determine fault in the case: we look to the police report, we look to witness statements, we look to the property damage to the vehicles, skid marks, layout of the cars, etc. Sometimes we even have to refer to accident re-constructionists to do a professional examination of the all the evidence to do a recommendation for us, but that does not happen in very many cases.
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Will I Recover Monetary Damages?
It depends on who was at fault for the accident. If you were at fault, your insurance company will pay for the damage to the vehicle. If you were not at fault, the at-fault driver’s or owner’s insurance policy will pay for the damage, and if they do not have enough coverage to cover the damage to your vehicle, your collision coverage (if purchased) would pay for the damage to your vehicle.
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What Documents Will I Need?
We like you to bring the driver’s exchange of information that the police officer gives you at the scene. We also like you bring any photographs of damage at the scene. Also bring your health insurance cards and your auto insurance cards or declarations page, so we can review the coverage available to you.
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What Should I Say To The Insurance Company?
The at-fault party’s insurance company could ask you to give them a recorded statement. You do not have to give them a recorded statement. However, if your own insurance company asks you for a recorded statement please seek advice from your attorney so that they can assist you in giving that statement. But yes you do have to comply and you do have to give your insurance company a recorded statement.
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Will I Have To Go To Court?
Actually, most cases, or a large percentage of the cases are resolved pre-suit, which means the cases never go to court. We work with the insurance companies before filing suit to try to find a fair resolution for the client, which save money on expenses, court costs and attorney’s fees.
