Helping Injured Victims in Cape Coral

If you have been the victim of a personal injury in Cape Coral, FL, due to someone else's negligence or intentional actions, you should pursue a claim against them. In society, we all have a duty of care to each other, and harming others due to our negligence or wrongdoings can make us liable for the injuries and other damages a victim suffers.

At Tollinchi Law, our Cape Coral accident attorneys work alongside other professionals to bring justice to the lives of personal injury victims and their families. We believe that everyone should be accountable for their actions or negligence in society and are committed to holding any responsible party liable for a personal injury.

If someone in Cape Coral harmed you somehow, it's time to take action. Contact our law firm today to benefit from a free case evaluation. We work on a contingency fee basis, so you don't have to pay us unless we win. Here is what you should know about our dedicated personal injury lawyers and personal injury law in Florida.

Working With Tollinchi Law, Personal Injury Lawyers

Our personal injury lawyers in Cape Coral take various types of personal injury cases. Whether it's automobile accidents, bike or pedestrian accidents, premise liability, product defects, workplace injuries, medical malpractice, or wrongful death - we are here to help you pursue justice and fair compensation.

Types of Cases We Handle

Our Cape Coral personal injury attorneys handle a wide range of cases:

• —Automobile Accidents: If you want to pursue a claim after a car, truck, bus, motorcycle, or other type of automobile accident, our dedicated lawyers are here to help. Liability is often disputed in these types of accidents.
• —Bike or Pedestrian Accidents: Cyclists and pedestrians are often involved in personal injury cases. More often than not, such victims suffer severe and life-altering injuries as a result of the negligence of others.
• —Premise Liability: When you injure on someone else's property, you may have the right to hold them liable for not keeping their premises safe. Our premise liability lawyers will establish who is to blame for your accident.
• —Product Defects: Product liability occurs when a manufacturer, distributor, or retailer sells defective products to consumers who injure them. Sometimes, a product liability claim can be initiated even when a manufacturer sells a product with improper safety instructions.
• —Workplace Injuries: Workers are often among the most vulnerable categories of people in society when it comes to injuries. Although workers have workers' compensation to aid them if workplace accidents occur, sometimes individuals face challenges.
• —Medical Malpractice: Medical malpractice is a controversial topic when it comes to personal injuries. Our medical malpractice lawyers work diligently alongside healthcare professionals to establish if a victim's healthcare provider breached their standard of care.
• —Wrongful Death: If you have lost a loved one due to the wrongful or negligent actions of another party, you should seek a wrongful death claim against them. Our compassionate wrongful death lawyers will vigorously investigate your case.

In personal injury cases regarding auto accidents, personal injury victims can use their personal injury protection (PIP) coverage to cover 80% of their medical expenses and up to 60% of their lost wages.

However, if the injuries and other damages are severe, PIP coverage may not be enough to cover the actual costs of the medical bills, out-of-pocket expenses, or lost wages. More than this, PIP coverage does not cover non-economic damages such as pain and suffering.

Regarding premises liability, all property owners have a duty of care to maintain their premises safe and place warning signs should hazardous conditions be present. In the same way, healthcare practitioners must provide a standard of care to their patients and can be held liable for medical malpractice should they fail to do so.

When it comes to a personal injury case revolving around workplace accidents, personal injury victims can file a workers' compensation claim to receive compensation. In some instances, workers have the right to pursue both a workers' compensation claim and a personal injury claim at the same time if they suffer work-related injuries.

Contact Tollinchi Law and have your case analyzed by dedicated and distinguished personal injury attorneys to learn more. In many types of personal injury cases, there may be more than one party that could be held liable for the injuries and other damages you have incurred but at the end of the day, the burden of proof is on your shoulders, and this is where our Cape Coral personal injury lawyers and law firm can help you out.

What are the Most Common Injuries in Personal Injury Cases?

• —Spinal cord injuries
• —Head injuries, including traumatic brain injuries (TBIs)
• —Soft tissue injuries
• —Fractured or broken bones
• —Cuts and Lacerations
• —Burns

Personal Injury Laws in Florida and Factors That Can Affect Your Case

No matter what type of personal injury case you wish to pursue in Cape Coral, you must be aware of certain laws. First, there is the statute of limitations, which limits the amount of time you have to pursue a claim legally. In Florida, this is set at two years from the date of the accident or death of the loved one.

In medical malpractice cases, the statute of limitations is four years if the injury is not evident. In situations where fraud or concealment occurred, the statute of limitations can be extended beyond four years.

Florida follows a no-fault insurance system for car accidents. You must have personal injury protection (PIP) coverage of at least $10,000. If you seek medical assistance within 14 days of the accident, you can benefit from this coverage from your own insurance company regardless of who is at fault.

When negligence must be established in personal injury cases, Florida follows a pure comparative fault system. This means that parties will be assigned a percentage of fault based on the investigation and the available evidence. Once you are assigned a percentage of fault, it will be deducted from your final compensation amount. However, if you are assigned more than 50% fault, you will not be able to receive compensation.

Statute Of Limitations

Every state has laws regarding personal injury cases. This includes laws about the statute of limitations, which defines the maximum time allowed to initiate a legal action. Under Florida Statute § 95.11, the statute of limitations for most personal injury cases in Florida is set at two years from the date of injury. This was reduced from four years when Governor DeSantis signed House Bill 837 in March 2023. Keep in mind that if the case is against a government employee or entity, the statute of limitations might be different. Also, there are some exceptions to the statute of limitations including cases where the victim is a minor or the accident involved a wrongful death. You should consult with a Florida personal injury lawyer to determine which statute of limitations applies to your specific case.

Benefits Of Hiring a Personal Injury Attorney

Sustaining injuries in an accident and then trying to recover compensation via a personal injury claim can be a daunting task. You can hire a personal injury attorney to help you through the process. A skilled and experienced personal injury attorney has extensive knowledge about personal law and can advise you on your legal options. They can also use their resources to help gather important evidence to strengthen your case.

With their experience, personal injury lawyers know how to negotiate with insurance companies to help you get maximum compensation and prevent you from falling victim to common pitfalls when dealing with insurance companies. It is in the best interest of the insurance company to reduce their payout so they will try various tactics to entice you to accept a low settlement offer.

Another key benefit of hiring an attorney is that they help expedite the process so you don't get frustrated by the drawn-out process of a personal injury claim in Florida. Lastly, with an attorney handling the legal aspects of your case, you can focus on recovering from your injuries, which can be extremely beneficial to you and your family.

Catastrophic injuries can lead to emotional suffering, debt, uncertainty, and financial losses. It is your right to seek fair compensation for your damages. To schedule a free consultation with a personal injury attorney at Tollinchi Law, please call us. We can seek compensation for your economic and non-economic losses caused by someone else's fault.