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Personal Injury FAQ

Fort Myers Injury Attorney Answers Your Questions

Q: What should I do if I am injured in an accident?
Q: How much can I claim in compensation for my injuries?
Q: How does an attorney prove my claim for a settlement?
Q: What are the possible results of a personal injury claim?
Q: How can I find a personal injury attorney I can really trust?
Q: Should I give the insurance company a recorded statement?
Q: How long do I have to file my injury claim?
Q: About how long could my injury case last until it is concluded?
Q: If I was partially at fault for the accident, will I still receive payment?
Q: Will my personal injury case have to go to trial?
Q: If I was engaging in dangerous activity will I still receive compensation for my injuries?
Q: How do I release my current attorney from my auto accident case?
Q: How do I get legal representation for an auto accident if my injuries do not require long term medical help?
Q: Can I be held at fault for an accident because I avoided another collision?

What should I do if I am injured in an accident?

If you suffer an injury in a car accident, boating accident, construction accident or other incident, the first thing you should do is contact an experienced personal injury attorney who can inform you of the critical next steps and help you seek a medical diagnosis of your injuries. Accident victims are at risk of being taken advantage of by insurance adjusters and claims representatives seeking to minimize the value of any potential claim, but by hiring an attorney you can give yourself an advocate who will safeguard your personal interests and help maximize your claim.

How much can I claim in compensation for my injuries?

If the accident was caused by another party's negligence or misconduct, you have a right to claim a settlement to cover every aspect of your injuries, including your medical expenses for emergency treatment, hospitalization and ongoing care, your lost income and reduced future earning capacity, and the pain, suffering and emotional distress you have experienced. There is no exact science or known formula to determine the amount of your claim but the severity of your injuries and the financial loss you experience will definitely play a roll.

How does an attorney prove my claim for a settlement?

The basis of an injury claim is that you must be able to prove that there was negligence on the defendant's behalf or lack of "reasonable care." Once the negligence is established, you must tie that in and prove that their carelessness is what caused your injuries and that you would not have been harmed otherwise. Your ability to recover compensation for these damages also depends largely on your attorney's skill in documenting your claim. By gathering all available evidence of the impact your injuries have had on your life, we may be able to help you recover full financial compensation for your losses. Medical records, examinations, police documents, witness accounts, and other information should be organized into a case that will both outline and justify the many costs associated with your injuries, and provide compelling arguments to support your claim for damages.

What are the possible results of a personal injury claim?

Personal injury claims can have a variety of results, the least favorable of which being when an insurance company makes a calculated decision to either dispute or deny your claim. In such cases, we can press forward with legal action against the insurance provider, pursing justice in court. Other more favorable conclusions include out-of-court settlements where the defendant agrees to specific terms and amounts while avoiding a trial.

How can I find a personal injury attorney I can really trust?

Recovering compensation after an accident is often challenging, especially without the type of experienced legal representation that is available at Pittman Law Firm, P.L. Our practice is family-operated, and we are focused on pursuing the maximum possible compensation for our clients. Through our 20 years of successful practice, we have demonstrated our support of accident victims who may not otherwise be able to pursue the compensation they deserve. We believe that you should not be forced to pay the price for an accident you did not cause. David and Kristin Pittman will work patiently with you to maximize the amount you can receive in a settlement.

Should I give the insurance company a recorded statement?

No, you should avoid giving any kind of formal statements on record. The only reason they ask for this is so that they can use your statement against you later on in court. They can easily misconstrue your statement and twist it so it works in their favor. You don't want them to take your own statement and use it to deny your claim in court. Speak with our legal team before giving the insurance company any formal statements or signing any medical authorizations.

How long do I have to file my injury claim?

There is a limit or statute of limitations, in which you must file your claim in order for it to be valid. In the state of Florida, most personal injury claims must be filed within four years of the date of your accident. If it is a wrongful death or medical malpractice case then you only have two years in which you can file a claim or lawsuit. There are always exceptions to this rule, which is why you should speak with Attorney Pittman at the firm to verify the date of which your statute of limitations expires in your case.

About how long could my injury case last until it is concluded?

Every case is different, but generally simple fender bender accidents or the cases involving minimal injury will only last a few months at most. For more severe or catastrophic injuries however, it may take anywhere between one to two years to resolve your case and get a fair settlement.

If I was partially at fault for the accident, will I still receive payment?

The answer is yes. Under Florida law, if you are partially responsible for the accident that caused your injuries, then they will take a percentage out the claim amount. For example, let's say you were given $100,000 for your injuries but you were 20% at fault for the accident, then you would receive a total amount of $80,000 instead. Determining fault is a prominent factor in personal injury cases, which is why you need a qualified and experienced attorney to represent you.

Will my personal injury case have to go to trial?

The answer is, probably not. Out of all personal injury cases, less than 25% end up going to trial and most of them are settled before it ends. A couple different factors could influence the length of your case including the effectiveness of your attorney, the insurance company you're dealing with, the validity of the evidence and the value of your claim. There is no official answer to this question, however, because every case is different and varies based on the circumstances. Talk to the attorneys at our firm and they will have a better idea of whether or not your case could go to trial.

If I was engaging in dangerous activity will I still receive compensation for my injuries?

Unfortunately, if you were partaking in something dangerous and you were aware of the risk, your chances of obtaining compensation are rather slim. In court this scenario is described as "assumption of risk," it means that you willingly participated in a precarious activity so it should fall on your shoulders. This is seen quite often in product liability cases and the plaintiff will use the "assumption of risk" as part of his defense to deny payment.

How do I release my current attorney from my auto accident case?

Send him a letter saying that you want to terminate his representation. Then hire an experienced personal injury lawyer.

How do I get legal representation for an auto accident if my injuries do not require long term medical help?

I would not settle your case until you are certain that you will not have any future medical expenses. If you did not have an injury that required care other than an ER visit and another doctor appointment, it is going to be difficult to find a lawyer to take the case because the damages are so small. Also, insurance typically does not cover future medical expenses in cases like this so you are better off making sure that all of your injuries are resolved prior to settling your case.

Can I be held at fault for an accident because I avoided another collision?

First of all, you should hire a lawyer right away. Even though logically it seems the fault lies with the other party, your attorney can help you gather evidence to support your side of the story. You should also avoid making any statements except to any police officers who responded to the accident. The officer can investigate the scene and help determine who was at fault for the accident, and your statement could provide evidence to support your claim. Making statements to anyone else however, could be brought against you later in a lawsuit. We encourage you to call our law firm right away so that we can give you guidance in this matter.

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8211 College Parkway, Suite 178, Fort Myers, FL 33919

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Pittman Law Firm, P.L. - Fort Myers Personal Injury Attorney
Located at 8211 College Parkway, Suite 178 Fort Myers, FL 33919. View Map
Phone: (239) 494-8568 | Local Phone: (239) 274-8259.
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