Every year, in Fort Myers, there are hundreds of car accidents, most of which cause grave injuries or death. The Fort Myers and Cape Coral area is a particular hot spot for a large number of car accidents because of poorly-designed roads and construction projects for roads that aren't adequately funded which simply aren't able to handle the volume of traffic in the winter months and inattention or, even more dangerously, drunk drivers. Due to the complex nature of the law governing automobile insurance and the risk of losing crucial evidence, you must take prompt steps to ensure your right to receive compensation for any losses.
What to do if You are Involved in an Auto Accident in Fort Myers
Get medical attention for injuries. The hospital's arrival by ambulance guarantees that you will receive the fastest medical treatment that is possible.
Don't give any declaration about the crash to anyone else than law enforcement personnel without an attorney on your behalf.
Make arrangements for photos of the scene as well as all those involved in the accident; Please ensure that you take as many pictures as you can from various angles.
Take a relative or friend to take photos of any injuries you may have and, if feasible, the medical treatment that you receive.
Don't sign any document that gives possession of your car to any insurance company without consent from your lawyer.
Make a list of any medical or other expenses that are related to your injuries. Keeping journals can be especially useful.
It is important to inform your physician about all signs and/or pains you feel in addition to the most serious ones.
If you can, seek out a car accident lawyer who is located in Fort Myers to determine if hiring an attorney is best for you.
Fort Myers Accident Lawyers Discuss Florida No-Fault Law
The Florida no-fault insurance program was adopted in the year 1972, it was intended to decrease the cost of auto insurance across the state. The truth is, rates have increased steadily since. In exchange for the reduction in premiums, limits on the ability to sue for injuries sustained from an auto accident were placed in place. Insurance companies for automobiles are known to love using the phrase "no-fault" to their advantage however it does not mean that nobody can be blamed for the accident It is simply a way of describing the person who is responsible for initial medical expenses and the loss of wages. We're happy to explain this in more depth in a no-cost and no-obligation phone consultation.
Pain and Suffering Compensation Requirements
To start a lawsuit, which can include claims to recover pain and/or suffering resulting from an accident in the car the party who suffered the injury must prove that at least one of the following conditions is in place:
- Permanent or significant loss of vital bodily function
- A permanent injury with a reasonable level of medical certainty
- Permanent scarring that is permanent or permanent disfigurement
- Death
Important Periods for Pursuing Claims Related to Auto Accidents
The first and most important thing to note is that the PIP law in Florida's current (aka. "no-fault") law further restricts how much medical or lost wages they will pay if your initial treatment is not completed after the 14 days of the accident in your motor vehicle.
Florida statute 627.736 addresses some of the restrictions on PIP insurance. For more information, please call the car accident lawyers of the Fort Myers office.
Florida law also allows for the statutory provision of a law that provides for a (4) one-year limitation period in the case of auto accidents that begins at the time of the incident. If you want to explore this issue be sure to act quickly as delay can affect any legal protections you may have. If the action isn't filed within the proper timeframe, you will always be prohibited from filing a claim.
If you've purchased uninsured or underinsured motorist insurance coverage for your vehicle and you need to bring a lawsuit against the insurance company to remedy a breach of contract time of limitations in this kind of claim could be as long as five (5) years. 5 (5) five (5) years.
Furthermore, should the accident cause a person's death an individual representative named as the representative in the case of the deceased has only 2 (2) two (2) years following the day of death to file a claim?
Florida Automobile Insurance
Five (5) fundamental types of auto insurance coverage that could apply to an accident involving a car in Florida:
Liability, aka. Bodily Injury Insurance, or BI, covers your personal liability in case you cause injury to someone or another person is injured because of your carelessness.
Uninsured Motorist Insurance protects you if someone else who harms you is not insured or underinsured.
Property Damage Insurance protects you in case you cause harm to the property of someone else.
Comprehensive Insurance protects you from damages to your car, vehicle theft, and the loss of use of your vehicle.
Personal Injury Protection is a policy that offers an amount over $10,000.00 in insurance protection to you. This will pay up to 80 percent of medical expenses, and 60 percent of the lost wages as well as death benefits of a total of $5,000.00. The Personal Injury Protection policy is a part of the no-fault insurance system in Florida. In this system, the person who is injured can receive a $10,000.00 benefit in damages or injuries from their insurance company, regardless of the person who caused the accident. To be eligible to receive the $10,000.00 in insurance coverage it is necessary to be diagnosed as having an Emergency Medical Condition within the first 14 days following the accident.
Medical Payment Insurance also known as. Med Pay. This insurance can be purchased when an individual driver desires to increase the amounts of insurance that is available to cover the cost of medical treatments. Similar to the PIP above it should not be paid in the event of a fault. The majority of times, this should be reimbursed to the company that insures it, if there is a claim.
Umbrella (aka. Excess Coverage) A lot of people who have valuable assets or companies will seek additional coverage for liability that might be greater than normal auto liability policies.
Contact Our Expert Fort Myers Car Accident Lawyers
Contact us via email or phone at Garvin Injury Law today and speak to our knowledgeable car accident lawyers to schedule a no-cost consultation with us. We will evaluate your claim thoroughly and discuss your different choices with you. There are offices in Fort Myers, Naples, and Key West. We've been handling auto accidents from our main office located in Fort Myers, Florida, for the past 40 years.
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