Located in Lee County, Florida, Fort Myers is home to over 60,000 residents. It is a popular destination known for attractions such as beaches, fishing, and shopping. Fort Myers has a number of pristine beaches, including Bowman’s Beach, Lighthouse Park Beach, and the Cape Coral Yacht Club. Other attractions in the area include the Southwest Florida Museum of History, the Imaginarium Science Center, and the Fort Myers River district, which boasts a number of restaurants. Just as with any other city in the United States, a number of people there are injured every year. If you were hurt in the Fort Myers area due to the carelessness of a person or entity, you should contact the accident attorneys at Frankl & Kominsky. Our firm handles virtually all types of injury claims, ranging from car, truck, or motorcycle accidents and medical malpractice to slip and falls, wrongful death, defective products, and workplace incidents.Seeking Compensation for your Injuries
People who are harmed because of the negligence of someone else can consider taking legal action to hold those who hurt them accountable. In most cases, a victim can file a negligence claim against the at-fault party. Negligence is the failure to exercise the degree of caution that the typical person would use in a certain situation to avoid endangering other people. To succeed in this type of case, the injured party must show the following elements:
- The defendant owed a legal duty of care to the victim under the circumstances;
- The defendant breached that obligation;
- The defendant’s violation directly caused the victim’s injuries; and
- The victim suffered quantifiable damages as a result of the defendant’s actions.
The conduct of a reasonable person will vary depending on the situation. Thus, a driver’s actions will be measured against the conduct of the typical motorist in a similar vehicle, on a similar road, and in similar weather conditions. For example, someone who runs a red light and collides with another vehicle will likely be deemed negligent.
If your loved one has been killed due to the negligence of another, you may be eligible to bring a wrongful death action in a Florida court. The rationale behind this lawsuit is to protect the rights of someone who died due to the fault of another and thus cannot file an injury claim on his or her own behalf. Certain surviving family members are eligible to receive a share of the financial compensation recovered through a wrongful death lawsuit. These include the surviving spouse, children and adopted children, parents, and any family members who were financially dependent on the deceased person at the time of the death.
All negligence claims are subject to specific time frames during which you must pursue your case. If you fail to take legal action within the statute of limitations, you could lose your right to recover damages. In personal injury cases, the lawsuit must be filed within four years of the accident. In wrongful death cases, it must be initiated within two years from the death. Given the stringent time frames on filing claims, it is important to consult an experienced lawyer as soon as possible after your accident.Protect Your Rights After a Fort Myers Accident by Consulting an Injury Attorney
Dealing with the aftermath of an accident in Fort Myers or elsewhere is never easy. The experienced injury lawyers at Frankl & Kominsky are committed to helping you through this difficult time. You can rest assured that we will carefully investigate the details of your case and explore all of your legal options. We strongly believe in providing personalized service to each client. Our firm believes that solid planning and groundwork is the key to effectively representing accident victims. We provide free initial consultations. To learn more, contact us online or call us toll-free at (855) 800-8000. We are fluent in Spanish and Creole.