Naples & Ft. Myers Personal Injury Attorneys
The attorneys at Verderamo Law handle many types of personal injury cases. If you were injured due to the actions of another and would like a free and confidential consultation, do not hesitate to contact our office.
What is personal injury?
Personal injury is a broad category of law which is also sometimes referred to as tort law. Personal injury cases involve situations where a victim has been injured through the actions or inactions of another. Injuries may be physical or psychological in nature. Some injuries may be caused intentionally (sometimes referred to as intentional torts) , as when someone commits a battery on another. Other injuries or accidents may be unintentional in nature when someone negligently acts or fails to act as they should. If the injury is local, a Naples Personal Injury Attorney may be able to help recover compensation for the injuries sustained.
Why hire Naples or Ft. Myers Accident Attorneys for an accident or personal injury in Collier or Lee County?
A Florida accident victim should never hire just any Florida Accident attorney for several of the following reasons. Let’s assume the accident occurs in Fort Myers.
- A Fort Myers accident attorney will be familiar with local private investigators and investigating agencies such as the Fort Myers Police Department and Lee County Sheriff’s Office. The lawyer will need to move quickly to secure valuable evidence by hiring good local investigators and obtaining evidence from the local agencies.
- The at-fault party will likely be cited with a Lee County Traffic Citation and witnesses may testify in a traffic hearing regarding the accident in a local hearing which the accident lawyer may wish to attend to hear testimony and observe witnesses.
- The lawyer should be familiar with the local highways, roads, thoroughfares, waterways and adjacent commercial buildings that may possess surveillance video and other useful evidence.
- Witnesses will likely be Fort Myers residents and will need to be interviewed and deposed in Fort Myers prior to trial.
- The trial and all pretrial motions and hearings would likely occur in Fort Myers.
- The judge presiding over the case will be a local Lee County judge in Fort Myers so it is beneficial to know how those judges tend to rule on certain motions.
- Jurors will be selected from Fort Myers and surrounding Lee County areas so the lawyer should have a general understanding of the local demographics which would ultimately make up the jury pool.
- If the victim lives in Fort Myers, they will likely treat medically with local physicians and rehabilitation centers and the Fort Myers lawyers may be familiar with how well those witnesses testify in court.
- Most importantly, if the victim lives in Fort Myers it is more convenient to consult and meet with local Fort Myers lawyers.
Who is responsible after an accident?
Accidents happen all of the time, they are a part of life. Most of the time they result in little to no injury. Unfortunately, some accidents result in serious injury and even death. In addition to physical injury, accidents can have other consequences. Some accidents result in property damage such as a vehicle that is ruled a total loss. Sometimes they can lead to missing work or even losing employment. Some result in insurmountable medical expenses. Even worse, some result in all of the above. It is not fair for a victim of an accident to have to live with these consequences. Oftentimes, there is someone responsible for creating the situation that led to the accident. Arguably, the at-fault party should be accountable for compensating the innocent victim and this is where an accident or personal injury attorney comes in handy. If the accident is automobile related, specific Florida laws govern how those cases are resolved. Naples and Fort Myers accident lawyers at Verderamo Law strive to obtain compensation for victims and place them back to where they were before the accident.
What is negligence?
In Florida, there are many types of personal injury cases. The general term of negligence is used to describe one of many legal causes of action in personal injury law. There are many forms of negligence including, but not limited to: wrongful death; dog bites; premises liability; etc. If your personal injury case involves a motor vehicle accident you may review further information regarding Florida law as it applies to motor vehicle accidents.
What is the burden of proof required to prove negligence in Florida?
To prove negligence in a personal injury case in Florida, the plaintiff must prove the elements of the case by a “preponderance of the evidence.” This is also referred to as the “more likely than not” standard of causation and requires proof that the negligence probably caused the plaintiff’s injuries (some define this as proving by 51%).
What must a plaintiff prove in a Naples personal injury case?
The elements that a plaintiff must prove differ slightly in wording depending on the jurisdiction or location in Florida and the type of case. Generally, to prove negligence, a Naples personal injury attorney must prove: 1) the existence of a duty that requires the defendant to conform to a certain standard of conduct for the protection of others, including the plaintiff; 2) the failure on the part of the defendant to perform the duty; and 3) injury and damage to the plaintiff that is “proximately” caused by such failure.
Every personal injury case is different. The ultimate value of a case can depend on several factors, many of which are usually unknown immediately following an injury. Some of the factors affecting the value of a case are the extent of the injuries, the length of treatment, length and extent of recovery, the amount of medical bills and lost wages and the extent of pain and suffering. In Florida, liability may be reduced through the existence of “comparative fault,” which reduces liability proportionately by the percentage that the plaintiff was at fault for his or her own injuries.
Should I hire a personal injury attorney?
The moments following an accident are sometimes critical in ensuring proper compensation. It is important to conduct an investigation, gather evidence, documents, and photographs and to preserve evidence. Obviously, the first priority following any accident is to seek proper medical attention. A victim of a serious accident may be overwhelmed both physically and emotionally following an accident. This can make it difficult for that victim to simultaneously focus on protecting their case. This is where an attorney may be useful by assuming these responsibilities. If you intend to contact a Naples personal injury attorney, you should do so at your earliest convenience so that your attorney can immediately begin working on your case in an effort to preserve your right to fair compensation.
How much is my accident case worth?
The value of an accident case depends on many different factors and every single case is different from the next. Some important factors to consider when evaluating a case are as follows:
- Damages– How bad are the injuries? How long was recovery? What is the extent of recovery? What is the amount of the medical bills? How much pain and suffering did the person endure? Are there preexisting injuries?
- Liability– Is someone at fault? Was the victim also at fault for the accident? What percentage of fault can be attributed to each individual?
- Coverage- Does the at-fault party have insurance? If not, will the at-fault party be financially able to cover the damages? Does the victim have uninsured/underinsured motorist coverage
Verderamo Law provides legal representation primarily in the fields of criminal law and personal injury law. While our offices are situated in Naples and Ft. Myers, Florida, we proudly represent clients throughout Collier and Lee Counties and their surrounding areas, including, but not limited to, Naples, Fort Myers, Bonita Springs, Estero, Cape Coral, Golden Gate, Immokalee, Lehigh, and Marco Island. Verderamo Law is located at 2662 Airport Pulling Rd S Naples, FL 34112. For more information, call (239) 775-1004. Naples personal injury attorney Naples Florida residents can contact 24 hours a day, seven days a week.
Call (239) 208-3562 for a Free Consultation with our Naples or Fort Myers Accident Attorneys