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Fort Myers Personal Injury Lawyer

Man with Wheelchair Seeking Consultation to a LawyerIf you or your loved one suffered an injury due to another party’s negligence, you should contact Freidin Brown, P.A. as soon as you can. Our Fort Myers personal injury lawyers have earned a reputation throughout the state for strongly advocating for our clients inside and outside of court.

We are proud to say we have two Board Certified Trial Attorneys on our team who can elevate claims like few others in Florida. So, when you choose to work with us on your injury case, you can rest assured that your case is in good, caring, and highly experienced hands. Contact us today or call 305-371-3666 for a free consultation.

Can You Sue for Personal Injury in Florida?

Yes, you can sue for personal injury in Florida if you have been harmed due to someone else’s negligence or wrongful actions. Florida law allows individuals to seek compensation for damages related to personal injuries caused by others.

To have a valid personal injury claim in Florida, you must generally prove:

  • The defendant owed you a duty of care (they had a legal obligation to ensure your safety)
  • The defendant breached that duty through negligence or wrongful actions
  • The breach directly caused your injuries
  • You suffered actual damages (medical bills, lost wages, pain and suffering, etc.)

For example, when you enter a store, the owners and operators have a duty to maintain a safe premises. When a shopper is injured through an avoidable accident like a slip and fall that was caused by a puddle of water that the staff knew about and should have cleaned, the injured party then has the right to file a claim for personal injury in Florida.

Our Personal Injury Lawyers in Fort Myers Represent the Following Types of Claims

Our Fort Myers personal injury lawyers are dedicated to protecting the rights of the injured. That’s why we give free consultations. Connect with us if you or a loved one has been hurt or killed in an accident that never should have happened. We take the following claims in our Fort Myers office: 

These are just a handful of the types of personal injury claims we represent in Fort Myers. If you’ve been injured and you believe it was the result of someone else’s negligence, reach out to our Florida personal injury law firm. We will listen to the details of your accident and injuries and tell you if you have a valid claim.

Our Fort Myers Attorneys Tenaciously Advocate for the Wrongfully Injured

Unlike some larger firms whose ads you see splashed on billboards across Florida, Freidin Brown, P.A. is selective about the attorneys it hires and the cases it takes. We are a smaller firm, but our size allows us to truly focus on quality over quantity. As a result, hundreds of cases do not bog down our lawyers. Instead, we can give each client the time and attention they deserve.

When you work with us, you become a part of our family. Our founding partner Philip Freidin has been practicing law for more than 50 years and personally oversees each case our law firm handles. At least two lawyers on our team manage planning, strategy sessions, and case development. We will do everything we can to take the pressure of your case off your shoulders and achieve a favorable outcome for you, including:

  • Investigating the accident that injured you or a loved one
  • Collecting case evidence, including police and accident reports, eyewitness testimony, and medical records
  • Identifying liable parties and holding them responsible for your damages
  • Consulting with medical professionals and other subject matter experts about your case
  • Negotiating for the maximum available settlement
  • Preparing your case for trial and representing you in civil court if necessary

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Our Florida Lawyers Have Recovered Millions in Compensation

 

Our Fort Myers personal injury lawyers bring more than 100 years of combined experience to each case. With more than 300 jury trials handled and millions of dollars in compensation recovered, as our case results show, we are the law firm you want on your side. Our victories include:

  • A $38 million verdict for a medical malpractice injury
  • A $5.8 million verdict for an auto accident case
  • A $5.5 million settlement for hospital negligence
  • A $4.78 million premises liability verdict
  • A $1.875 million wrongful death settlement

We handle various kinds of personal injury cases, and no matter what case we take, our Florida injury attorneys will fight hard to ensure you and your family do not pay for someone else’s negligent or wrongful behavior.

Damages You Can Recover in a Fort Myers Personal Injury Claim

At Freidin Brown, our personal injury attorneys will work tirelessly to recover every cent owed to you, which may include compensation for:

  • Medical care: Medical care will likely be the most expensive cost after your accident. Our lawyers know what it takes to hold the liable party accountable for your medical bills and hospital stays.
  • Rehabilitation: For serious, lingering injuries, rehabilitative therapy, extended nursing services, and life care may be necessary. You should get compensation for these costs.
  • Lost income: People recuperating from serious injuries often miss work for extended periods. We want to fight for your rights to collect missing income. We can also seek awards for your lost earning capacity if your injury permanently alters your ability to work. You could recover damages if you must change jobs or stop working altogether.
  • Property damage: Was your property destroyed in your accident, such as a car collision that wrecked your vehicle? We can seek damages for repairs or replacements.
  • Emotional trauma: We can pursue noneconomic damages for emotional and mental trauma and quality of life reductions caused by your accident.
  • Physical suffering: You may qualify for monetary compensation for severe and chronic pain, disabling injuries, mobility loss, and scarring and disfigurement.
  • Punitive damages: In rare cases, a court can award punitive damages to penalize the defendant for gross misconduct or wrongdoing. For example, punitive damages may deter a drunk driver (and others who may emulate them) from exhibiting the same reckless behavior in the future.

Recoverable Wrongful Death Damages

If your loved one suffered fatal injuries in a Fort Myers-area accident, we are truly sorry for your loss and will be there for your family when you call. We can hold the liable party accountable for your family member’s passing and request that they compensate you for related losses, such as:

  • Funeral, burial, and cremation expenses
  • The decedent’s medical expenses
  • Lost household income
  • The decedent’s pain and suffering
  • Other related losses

During a free consultation, we will review every loss your loved one and family suffered and advise you on how wrongful death actions work under Florida law. We know this is a difficult time, but you can rest assured that we will take care of your case while you care for your family.

How Much Do Personal Injury Lawyers Charge in Florida?

Personal injury lawyers in Florida typically work on a contingency fee basis, meaning they only collect a fee if they successfully recover compensation for your claim through a settlement or verdict. The specific percentage can vary depending on the lawyer and the case’s complexity, but there are some general guidelines set by Florida law.

If your case is unsuccessful and you do not receive any compensation, you typically do not owe your lawyer any fees under a contingency fee agreement. It’s important to note that while the contingency fee structure allows injured parties to pursue a claim without upfront costs, it also means that the lawyer takes on the risk of not being paid if the case is unsuccessful. 

When Should I Hire a Personal Injury Lawyer in Florida?

You are never legally obligated to hire a lawyer for a personal injury claim in Fort Myers. While every accident victim has the right to represent their own interests in a claim, here are some situations where it might be a good idea to talk to a legal professional:

  • Insurance companies denying or undervaluing your claim: Insurance companies often try to minimize payouts to protect their profits. They may deny your claim outright or offer a settlement that does not fully compensate you for your injuries and damages.
  • Difficulty proving liability: In some cases, it can be challenging to prove that the other party was negligent and responsible for your injuries. This is particularly true if there is limited evidence or conflicting accounts of the incident.
  • Pre-existing conditions: If you have a pre-existing medical condition, the insurance company may argue that your injuries are not related to the accident and attempt to deny or minimize your claim.
  • Lack of communication from the other party or their insurance company: The other party or their insurance company may be unresponsive or fail to communicate with you in a timely manner, making it difficult to move your claim forward.
  • Difficulty navigating the legal system: Personal injury claims can be complex and involve a lot of legal procedures and paperwork. Without the help of an experienced attorney, it can be challenging to navigate the legal system and protect your rights.
  • Balancing medical treatment with legal proceedings: While you are trying to recover from your injuries, you may also need to deal with legal proceedings related to your claim. This can be stressful and overwhelming, particularly if you are dealing with severe injuries or disabilities.
  • Proving damages: To receive full compensation for your injuries, you must provide evidence of your damages, including medical expenses, lost wages, and pain and suffering. This can be challenging, particularly if your injuries are complex or your damages are significant.
  • Dealing with uninsured or underinsured parties: If the party responsible for your injuries does not have insurance or has inadequate insurance coverage, it can be difficult to recover full compensation for your damages.

An experienced personal injury lawyer can help you navigate these challenges and protect your rights throughout the claims process. They can deal with insurance companies, gather evidence to support your claim, and fight for the compensation you deserve.

How Long Does a Personal Injury Case Take in Florida?

The length of a personal injury case in Florida can vary significantly depending on the complexity of the case, the severity of the injuries, the willingness of the parties to negotiate a settlement, and other factors. However, here is a general timeline of how long a personal injury case may take in Florida:

  • Initial consultation with a lawyer: This can take place within a few days to a few weeks after the injury occurs.
  • Investigation and case building: Your lawyer will gather evidence, interview witnesses, and consult with experts. This process can take several months.
  • Demand letter and settlement negotiations: Once your lawyer has built a strong case, they will send a demand letter to the defendant’s insurance company. Settlement negotiations can take a few weeks to several months.
  • Filing a lawsuit: If a fair settlement cannot be reached, your lawyer may recommend filing a lawsuit. This typically occurs within the four-year statute of limitations for most personal injury cases in Florida.
  • Discovery: After the lawsuit is filed, both sides will engage in discovery, which involves exchanging evidence and conducting depositions. This process can take several months to a year or more.
  • Mediation: Before going to trial, the parties may attempt mediation to reach a settlement. Mediation can take a day or a few sessions spread over weeks or months.
  • Trial: If the case does not settle during mediation, it will go to trial. The length of the trial depends on the complexity of the case but can range from a day to several weeks.
  • Appeal: If either party is unsatisfied with the trial outcome, they may appeal the decision, which can add several months or years to the process.

On average, a personal injury case in Florida can take anywhere from several months to a few years to resolve. However, straightforward cases with clear liability and minor injuries may settle more quickly, while complex cases with severe injuries, disputed liability, or multiple parties may take longer. 

How Much Compensation Can You Get for Pain and Suffering in a Fort Myers Personal Injury Claim?

The amount of compensation you can receive for pain and suffering in a Fort Myers personal injury claim varies depending on the specific circumstances of your case. Pain and suffering damages are considered non-economic damages, which means they are subjective and not easily quantifiable like medical bills or lost wages.

Factors that can influence the amount of pain and suffering damages include:

  • The severity and nature of your injuries
  • The length of your recovery
  • The impact of the injuries on your daily life and activities
  • The presence of any permanent disabilities or disfigurement
  • The strength of your liability case against the defendant
  • The amount of economic damages (medical bills, lost wages, etc.)
  • The skill and experience of your personal injury attorney
  • The jurisdiction and tendencies of the local court system

Ultimately, the amount of compensation you receive will depend on the unique facts of your case and your attorney’s ability to negotiate with the insurance company or present a compelling case to a jury. In Florida, there are no caps on pain and suffering damages in most personal injury cases, with the exception of medical malpractice claims.

What Should You Do After Suffering a Personal Injury in Fort Myers?

Immediately after being in any accident that causes an injury or extensive property damage, you should call emergency services for help. Seek medical attention as soon as possible if emergency medical technicians did not treat you at the scene. Allowing a medical professional to examine you reduces your chances of suffering a permanent injury and creates a medical record for your case.

If it is safe to do so, you should also try to collect as much evidence as you can from the scene of your accident. Whether you were in a trucking accident or slipped and fell while visiting someone else’s property, proof of the incident found then and there can be powerful for your case. Take photographs and talk to eyewitnesses as necessary. Get copies of official reports from emergency responders as well.

Finally, consider enlisting the help of our experienced Fort Myers, FL, personal injury lawyers. We can get to work immediately to protect you and your right to financial damages.

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Pursue Your Case Before Time Runs Out

Whatever you do, do not allow Florida’s statute of limitations to expire. Under HB 837/SB236, you generally have two years from your accident to file a personal injury lawsuit. Florida Statutes § 95.11(4)(d) also allows two years to sue for wrongful death. However, certain circumstances can alter these deadlines, so it’s very important to hire an experienced lawyer to review the statute of limitations in your particular case. If any of these circumstances apply to your case, we will advise you of the timeline and deadline you have for recovering damages.

If the deadline expires, the court may not hear your case. In addition, it will lower your bargaining power during insurance negotiations, potentially leading to a reduced settlement or denied claim.

Our Fort Myers personal injury attorneys can tell you more about how the laws apply to your case and help you get started before it is too late.

Contact Freidin Brown, P.A. Today for Help With Your Fort Myers Personal Injury Case

Each decision you make on the path to compensation after an accident needs to be well-informed. Our legal team is here to provide you with the knowledge and direction to make you confident in your case’s progress.

By hiring our Fort Myers, FL, personal injury lawyers to manage your case, you free yourself to focus on your rest and recovery, which everyone deserves while healing from an injury. Contact us for a free consultation or call 305-371-3666 to speak with a compassionate member of our team.

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