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Your Guide to Personal Injury Cases in Southwest Florida


Did you know that the most common type of lawsuit is a personal injury lawsuit? Every year, thousands of people are injured due to the negligent acts of another person or business. This leads many to file personal injury claims, and the injuries sustained can prove to be long-lasting and life-changing.

Here is your guide to personal injury cases in Southwest Florida and what you may expect moving forward with your own lawsuit.

What Is Personal Injury Law in Florida?

In a Florida personal injury case, a victim may be able to recover damages when their injuries were caused by the negligence of others. The injured party (plaintiff) files a claim for legal action in an attempt to seek compensation from the person or business responsible.

Most personal injury cases in Florida are governed by the Florida statutes of torts and negligence. These statutes define what negligence is, a duty of care, the statute of limitations on these cases, liability, damages, and compensation.

What Is the Comparative Negligence Rule?

If you share part of the fault for the accident, then Florida’s comparative negligence rule comes into play. Under this rule, the amount of compensation you are entitled to is reduced by the amount that is equal to your percentage of fault for the accident. This allows a victim to still recover damages, even if they were mostly to blame for the accident and the injuries.

What Are Common Personal Injury Types?

Some of the more common personal injury types you will find in Florida include truck accidents, workplace accidents, premise or product liability, medical malpractice, child abuse, child injury, dog bite accidents, and wrongful death.

What Does a Personal Injury Attorney Do?

If you have been injured due to the negligence of another, a personal injury attorney can represent you and navigate you through the legal process involved. Your attorney will take the necessary steps to preserve any evidence there is and support your claim.

A personal injury attorney will even communicate with the insurance company on your behalf. The attorney helps to establish fault, helps identify the liable parties involved, and makes sure all the right evidence is gathered.

What Steps Do You Follow After an Accident?

If you have been injured due to negligence, you should follow a few steps soon after the accident.

Stay at the Scene: Never leave the scene of an accident. Instead, remove yourself from others involved, wait on the authorities to arrive, and keep yourself out of harm’s way

Report the Accident: Always report the accident. Call emergency services to make the report.

Gather Necessary Information: After talking to the police, gather the personal information of everyone involved, including witnesses. You also need to collect the insurance information of the person responsible for the accident.

Take Photos: Take photos and video of the scene and surrounding area, including the other vehicles involved. Make sure to take photos from various angles for a better overall picture. Include photos of traffic signs and road conditions.

Don’t Make Statements: Avoid making a statement on social media regarding the severity of your injuries. Never place blame on yourself when discussing the accident with other parties involved either.

Contact the Insurance Company: Next, contact your insurance company and explain what happened to establish liability. However, it may be in your best interest to speak with your attorney before taking this step.

Seek Medical Attention: Be sure to seek immediate medical attention for any injuries you sustained in the accident. Some injuries that may not show signs right away include internal bleeding and concussions. It is important to establish medical records as these can be vital when it comes to the compensation you are awarded.

Now that you know what may be involved in a personal injury case in Southwest Florida, it is time to find an experienced attorney who can help guide you through.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Your Guide to Personal Injury Cases in Southwest Florida

Goldman Babboni Fernandez
Murphy & Walsh




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