Estero is a census-designated place in Lee County, Florida with a population of about 19,000 residents. Located between Naples to the south and Fort Myers to the north, it is perched along Florida’s Gulf Coast. Residents and visitors alike can enjoy Estero’s Mount Key Archeological State Park, Lovers Key State Park, and Barefoot Beach State Reserve. Just like other places in the United States, a number of people there are harmed in accidents every year. If you’ve been hurt near Estero because of someone else’s negligence, the experienced accident lawyers at Frankl & Kominsky can help you pursue financial compensation from the responsible parties. We handle a variety of cases, including car crashes, truck collisions, motorcycle accidents, premises liability, medical malpractice, and more.Take Legal Action to Seek Compensation
If you've been harmed because of the careless behavior of another person or entity, you can seek monetary compensation for your injuries. Unfortunately, instances of negligence are commonplace. Whether it's a car driver speeding excessively or a storeowner failing to clean up a spilled drink, these actions routinely cause injuries to others. In order to establish a negligence claim against the responsible party, an accident victim must show the following elements: duty, breach, causation, and damages.
The first element refers to a duty of care owed to others in a particular situation. Typically, meeting this obligation means acting as a reasonably prudent person would act in the same or similar circumstances. In other words, it consists of taking sufficient precautions to avoid unreasonable risks that can cause foreseeable harm. Once the victim has established that the defendant owed him or her a duty of care, he or she must show that the defendant breached this obligation. A breach occurs when the defendant’s conduct deviates from the “reasonably prudent person” standard. Simply showing that the defendant violated the duty of care is not enough, however. The victim must also show that the defendant’s carelessness was the direct and proximate cause of his or her harm.
Under Florida law, an injured person who contributed to an accident may be deemed partially at fault. Someone who partially causes an accident is only entitled to collect a portion of his or her total damages. If you contributed to your own harm, your maximum recovery will be reduced by the percentage of your fault. This is known as the theory of pure comparative negligence. A judge or jury assigns fault to each party and then apportions damages accordingly. For example, if a victim is 25 percent responsible for the accident, his or her compensation award will be limited to 75 percent of his or her total losses. Thus, if a jury set the costs of the injuries at $200,000, he or she would be able to recover up to $150,000.Discuss Your Case with an Injury Lawyer in Estero
If you have been harmed in Estero or the surrounding area because of another’s carelessness, you deserve to have a knowledgeable and dedicated lawyer on your side. At Frankl & Kominsky, our skilled injury attorneys can assess the merits of your case and help you seek the compensation you deserve. We take pride in representing accident victims throughout the South Florida community, including individuals in Lee County and Palm Beach County. Whether your injuries are minor or serious, our experience can make all the difference in your case. For more information, you can contact us online or call us toll-free at (855) 800-8000. We speak Spanish and Creole.