Florida Personal Injury Lawyers
Personal Injury Claims in Fort Myers & Beyond
If you were injured because someone else—whether it was another person, a business owner, a corporation, or even a government agency—acted carelessly, recklessly, or unlawfully, you likely have grounds for a personal injury claim. By filing a claim, you can seek monetary compensation to help with some of the costs associated with your injury.
If you would like to learn more or have specific questions about your situation, please reach out to our Florida personal injury lawyers in Fort Myers at The Dellutri Law Group, PA. We can sit down with you to discuss your potential case, as well as how we may be able to help. We can explain everything to you in a clear, easy-to-understand way at absolutely no cost and with zero obligation.
Call us at (800) 391-4337 or contact us online to set up your free initial consultation. From our office in Fort Myers, Our personal injury attorneys serve individuals and families throughout the state of Florida.
What Qualifies as a Personal Injury
What is a “personal injury?” It’s an odd phrase, really. But, broadly speaking, a personal injury occurs when someone is physically injured due to someone else’s negligence. People who suffer personal injuries typically not only face physical hardships as a result of their injuries, but they also usually encounter certain emotional, mental, and financial difficulties, as well.
Understanding Personal Injury Law: An Overview
One of the things that makes personal injury law so confusing is all of the subcategories in which a claim may land. For example, motor vehicle accident claims are much different than slip and fall cases, which are much different than medical malpractice lawsuits, and so on. While the specific laws that apply for each type of case differ, there are some general things you should know about filing a personal injury claim in Florida.
How Long Do You Have to File a Personal Injury Lawsuit?
Florida has what is known as a “statute of limitations” on personal injury claims. This just means that you have a deadline to file your lawsuit, and if you miss this deadline, you cannot seek compensation.
The statute of limitations on most personal injury lawsuits in Florida is two years. The clock starts ticking on the date of the accident, injury, or death, meaning you have two years from that date to sue the liable party.
However, in some cases, the deadline is extended from the date on which the injury was discovered (or reasonably could have been discovered). And, other specific circumstances, including cases in which the injured person was a minor (under the age of 18) or claims against government entities, could have differing deadlines.
The main thing to remember is your time to file a personal injury claim is limited. If you think you might have a case, we encourage you to reach out to our team at The Dellutri Law Group, PA right away. The sooner you get in touch with us, the better.
How Do You Know If You Have a Personal Injury Case?
Generally speaking, you have a personal injury case if you were physically injured and someone else is to blame. As the person filing the claim (known as the “plaintiff”), you will be responsible for proving that you have a case, meaning you have to prove that the at-fault person or party (known as the “defendant”) negligently or wrongfully caused your injuries.
So, what exactly does this mean?
It means that you (or your attorney) must prove the following things:
- Another person or party (such as a business) owed you a “duty of care.” This means they had a legal responsibility to act reasonably and take certain measures, such as following traffic laws or maintaining their property, to keep you safe.
- The other person or party failed to uphold the duty of care, meaning they did not act reasonably and/or failed to take certain steps to prevent you from being harmed. For example, someone who drives while drunk has failed to act reasonably and has put others at risk.
- You were injured, and your injuries were caused by the other person or party’s actions or inactions. So, in other words, you have to prove that you would not have been injured had the other person or party acted reasonably and upheld the duty of care.
- Lastly, you will have to show that you suffered measurable “damages,” or losses, as a result of your injuries. These losses can be both economic, meaning they have a specific dollar value, or non-economic, meaning they are more intangible in nature.
Depending on the type of case you have, you may need to prove other things, as well. For example, in Florida, you can only file a personal injury lawsuit against an at-fault driver after a car accident if you can prove that you suffered “serious injuries,” as defined by state law.
Additionally, Florida follows a pure comparative negligence system, in which the court considers the degree of fault of each party involved in an incident when determining damages. This means that even if the plaintiff is found to be partially responsible for the accident or injury, they are not barred from seeking compensation. Instead, the damages awarded to the plaintiff are adjusted based on their percentage of fault.
Here's a breakdown of how pure comparative negligence works:
- Assessment of Fault: The court assesses the actions of all parties involved in an incident, including the plaintiff and the defendant. Each party is assigned a percentage of fault based on their contribution to the overall negligence.
- Damages Calculation: The total damages awarded to the plaintiff are then reduced by their percentage of fault. For example, if the court determines that the plaintiff was 20% responsible for the incident, their damages will be reduced by 20%.
- Recovery Despite Fault: Even if the plaintiff is deemed to be more at fault than the defendant, they can still recover damages. However, the amount they receive will be proportionally reduced to reflect their level of responsibility.
- Defendant's Liability: The defendant is still held responsible for their share of the fault. For instance, if the plaintiff is awarded $100,000 in damages but is found 30% at fault, the defendant would be liable for 70% of the total damages, which amounts to $70,000.
Our Florida personal injury lawyers at The Dellutri Law Group, PA can help you with all of this. We take the time to get to know our clients and care about your recovery, including your medical care and financial compensation.
"I have come to know Carmen personally and professionally. He has put together a team of extremely motivated, hardworking, and honest people who work hard every day for their clients. Carmen would be the first call I would make in the event of an accident or personal injury." - J.L. (Google - November, 2017)
Types of Cases Our Personal Injury Law Firm Handles
Year after year, millions of people find themselves in an unexpected lawsuit because they were hurt by someone else’s negligence. No one wakes up in the morning expecting to be rear-ended at a stoplight or T-boned at an intersection, but it happens all too often.
At The Dellutri Law Group, PA, we help people who have been injured through no fault of their own in all types of personal injury cases.
We handle cases involving:
- Car accidents
- Uber/Lyft accidents
- Golf cart accidents
- Motorcycle accidents
- Trucking accidents
- Bicycle accidents
- Pedestrian accidents
- Scooter accidents
- Boating accidents
- Slip and fall
- Medical malpractice
- Wrongful death
If you or someone you love was injured because of someone else’s careless or reckless behavior, know that our firm is here to help. Our personal injury team is ready to answer your questions and guide you through the process of seeking fair compensation from the at-fault person or party.
Damages in a Personal Injury Lawsuit
In a personal injury lawsuit in Florida, various types of damages may be available to compensate the injured party for the losses they have suffered. These damages can be broadly categorized into economic and non-economic damages.
Here are the common types of damages available in a personal injury case in Florida:
- Economic Damages:
- Medical Expenses: This includes the cost of medical treatment, hospital stays, surgery, medication, rehabilitation, and other healthcare-related expenses incurred due to the injury.
- Lost Earnings: Compensation for income lost as a direct result of the injury, including wages, bonuses, and other financial benefits that the injured person would have earned if not for the injury.
- Property Damage: If personal property, such as a vehicle, is damaged in the incident, the cost of repairing or replacing the property may be recoverable.
- Non-Economic Damages:
- Pain and Suffering: Damages for physical pain, discomfort, and emotional distress experienced as a result of the injury. This category is subjective and aims to compensate for the intangible impact of the injury on the individual's well-being.
- Mental Anguish: Compensation for emotional distress, anxiety, and psychological suffering caused by the injury.
- Loss of Consortium: If the injury negatively affects the injured person's relationship with their spouse, damages may be awarded for the loss of companionship and support.
- Loss of Enjoyment of Life: Compensation for the diminished ability to enjoy life's activities and experiences due to the injury.
- Punitive Damages: In certain cases involving intentional misconduct or gross negligence, the court may award punitive damages. Punitive damages are intended to punish the defendant and deter similar behavior in the future.
Preparing for Your Personal Injury Consultation
Deciding to speak to a personal injury lawyer about a potential case can be intimidating. You may be asking yourself, “what questions should I ask a personal injury lawyer?” You may be wondering what information you need to bring to the initial consultation. What will this consultation be like? And what can you expect from the process?
To help you prepare for your complimentary personal injury consultation at The Dellutri Law Group, PA, we’ve put together a checklist of things to bring to your initial meeting. In general, the more information and evidence you have related to the accident/your injuries, the better.
If you don’t have all of these documents, don’t worry—just bring what you do have, along with any questions or concerns.
When going to your personal injury consultation, bring as many of the following documents/items as you have:
- Medical Records and Bills: Whether you went to the emergency room, an urgent care center, or your primary care physician, you likely have some documentation of your injuries, as well as any procedures performed, medications prescribed, and other treatments. Be sure to bring these documents with you, as well as the names and contact information of the medical providers who treated you (including doctors, hospitals, etc.) If you have received any medical bills, bring copies of those with you to your personal injury consultation, as well.
- Receipts for Out-of-Pocket Expenses: Bring any and all receipts you have related to any out-of-pocket expenses you paid for your medical care, medications, transportation to medical appointments, medical equipment, and any other costs related to your injuries.
- The Police/Accident Report: If you filled out an incident report or reported the accident to the police, you should get a copy of the report and bring it with you to your consultation. This report will contain information regarding how the accident/incident happened, when and where it happened, and other important details. All of this can be incredibly value for your attorney, allowing them to understand the specifics of your situation so that they can begin building your claim.
- Previous Paystubs/Income Information: If your injuries caused you to miss work or lose any other income, you should bring past paystubs and related documents to your initial consultation. The same is true if your injuries resulted in permanently reduced earning capacity, whether you are partially disabled or completely disabled. Records of your past income can help your attorney calculate how much you have lost because of your injuries.
- Insurance Policy Information: If you were injured in a motor vehicle accident, you should bring information related to your insurance policy with you to your initial appointment. Your attorney can review your policy and determine what type of coverage you have, as well as whether your injuries and damages may be covered by your policy.
- Any Legal Documents: If you were served papers by another party or have received any legal or official-looking documents related to the accident or your injuries, bring those with you to your personal injury consultation. This includes any correspondence with the other party and/or their insurance company.
At the initial consultation, you should ask any questions you have about your case and be prepared to answer some questions from the attorney. You may be asked about your injuries, your income, the accident, communication from the other party, and more.
When you choose The Dellutri Law Group, PA, we are here to guide you through the personal injury claims process from start to finish. We know that this is an overwhelming and stressful time in your life, which is why we provide in-depth consultations at no cost, allowing you the opportunity to get the information you need to move forward.
There is no cost to discuss your situation with the attorneys at our firm; call (800) 391-4337 or submit an online contact form today to get started.
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