After a sudden accident, you may experience devastating injuries and pain. You likely need time to rest and recover, and your life may even be changed forever. However, it can be stressful to take time off work knowing that you are incurring substantial bills for emergency medical care or other treatment. At the Martin Law Firm, we understand how challenging this time is for you. Helping individuals and families throughout the Fort Myers region, our Cape Coral personal injury lawyers treat victims of motorcycle accidents and other harmful events with the care and dedication that they deserve. Led by the husband and wife team of Steven and Eviana Martin, we find it deeply rewarding to serve ordinary people in need.Seeking Compensation through a Negligence Claim
Many common types of accidents, such as motor vehicle collisions, happen as a result of negligence. To establish liability under this theory, a plaintiff usually must show the defendant's duty of care, a breach of that duty, actual and proximate causation, and quantifiable damages. Each of these elements would need to be proven by a preponderance of the evidence. This is a relatively relaxed standard that simply means that the plaintiff’s version of events is more likely than not to be true.
If you were partly at fault for causing the accident, it should be comforting to know that Florida uses a system of pure comparative negligence. This means that the jury will evaluate the total damages and assign percentages of fault to both the plaintiff and the defendant. While the plaintiff’s award may be reduced, he or she still may be able to receive at least some damages if the defendant was responsible for causing the accident to any degree.
If you successfully prove a defendant's negligence with the assistance of a personal injury attorney at our Cape Coral firm, you likely will be able to recover both economic and noneconomic compensatory damages. Depending on the circumstances surrounding the accident, these may extend from past and future medical expenses, lost income, lost earning capacity, and property damage to more subjective items such as mental anguish or pain and suffering. In some cases involving particularly egregious conduct by a defendant, a plaintiff may be able to recover not only compensatory damages but also punitive damages. These are damages awarded to punish the defendant and deter future similar conduct.
It is important to avoid any delay in taking legal action after an accident. The Florida statute of limitations restricts the time period within which a victim can bring a claim. Personal injury cases must be brought within four years of an accident, and wrongful death actions based on a tragic loss of life must be filed within just two years. The right to have a court hear the case generally depends on complying with these deadlines. Moreover, it is wise to take action as soon as possible for practical reasons, such as the decay of evidence over time.Discuss Your Personal Injury Case with a Cape Coral Lawyer
When you have been hurt because of someone else’s careless or wrongful conduct, you need vigorous and sensitive legal representation. Guiding people through personal injury and wrongful death claims in the Fort Myers area and beyond, the Cape Coral personal injury attorneys at the Martin Law Firm are dedicated to helping struggling members of our community. We will fight for you as we would for our own loved ones. Our firm also represents injured individuals and families in Naples, Tampa, Miami, and other South Florida cities. Call us toll-free at (844) 465-4357 or complete our online form to set up a consultation.