Helping Injured Victims in Fort Myers

Fort Myers, the gateway to Southwest Florida, is home to pristine beaches, historic downtown districts, and over 80,000 residents who call Lee County home. From Fort Myers Beach to the bustling I-75 corridor connecting to Tampa and Miami, this vibrant city welcomes millions of tourists annually while serving as a year-round community for families and retirees.

However, the combination of heavy tourist traffic, seasonal congestion from winter visitors, and major thoroughfares like McGregor Boulevard, Colonial Boulevard, and US-41 creates dangerous conditions where serious accidents occur daily. Whether it's a rear-end collision during rush hour on Summerlin Road, a slip and fall at a Fort Myers Beach resort, or a devastating truck accident on I-75, victims face mounting medical bills, lost wages, and insurance companies that prioritize profits over people.

When you're injured due to someone else's negligence in Fort Myers, you shouldn't have to fight alone. Insurance adjusters will pressure you to accept inadequate settlements before you understand the full extent of your injuries. They'll minimize your claim, delay payments, and use legal tactics designed to reduce their payout.

Attorney Mariel Tollinchi brings 20 years of Florida personal injury experience to Fort Myers victims. We've recovered over $10.5 million for 4,850 clients across Florida, with settlements ranging from $20,000 to $3 million depending on case severity. We work on a contingency fee basis—you pay nothing unless we win your case. Call (954) 524-4100 today for your free consultation.

Florida Personal Injury Laws That Affect Fort Myers Victims

Florida personal injury law is complex, and recent legislative changes have made it even more critical to understand your rights. Whether you were injured in a car accident on I-75, hurt in a slip and fall at a Fort Myers business, or suffered harm due to medical negligence, specific laws govern your ability to recover compensation.

Under Florida Statute § 95.11, personal injury victims now have only two years from the date of their accident to file a lawsuit. This deadline was reduced from four years when Governor DeSantis signed House Bill 837 in March 2023. Missing this deadline means losing your right to compensation forever, regardless of how severe your injuries are or how clear the other party's fault may be.

Florida also follows a modified comparative negligence system under Fla. Stat. § 768.81. If you are found to be 50% or more at fault for your accident, you are completely barred from recovering any damages. This is a critical change from Florida's previous pure comparative fault system, which allowed recovery even if you were 99% at fault. Now, insurance companies aggressively investigate cases to shift blame onto victims, making experienced legal representation essential.

For car accidents specifically, Florida operates under a no-fault insurance system requiring all drivers to carry at least $10,000 in Personal Injury Protection (PIP) coverage. PIP pays 80% of reasonable medical expenses and 60% of lost wages regardless of who caused the accident. However, PIP coverage is often insufficient for serious injuries. To step outside the no-fault system and pursue a claim against the at-fault driver, your injuries must meet Florida's serious injury threshold: significant and permanent loss of an important bodily function, permanent injury, significant scarring or disfigurement, or death.

These complex, interlocking laws create traps for injury victims who try to handle claims alone. Insurance companies know these laws inside and out and use them to deny or minimize legitimate claims. You need an attorney who understands Florida personal injury law and has proven experience holding negligent parties accountable in Fort Myers and throughout Southwest Florida.

At Tollinchi Law, we've spent 20 years mastering Florida personal injury law. We know how to prove serious injuries meet the threshold for stepping outside no-fault, how to gather evidence that defeats comparative negligence defenses, and how to file claims that meet strict statutory deadlines. Our Fort Myers personal injury attorneys don't just understand the law—we use it as a weapon to maximize your compensation.

Personal Injury Cases We Handle in Fort Myers

Fort Myers personal injury cases arise from many situations—from high-speed collisions on I-75 to slip and falls at local businesses, from medical errors at Lee Memorial Hospital to wrongful death tragedies that devastate families. At Tollinchi Law, our Fort Myers accident attorneys have the experience, resources, and courtroom reputation to handle the full spectrum of personal injury claims.

We represent Fort Myers victims injured in:

• —Car Accidents: Rear-end collisions, T-bone crashes, and head-on accidents on I-75, McGregor Boulevard, Colonial Boulevard, and Summerlin Road. We handle cases involving distracted driving, drunk driving, speeding, and failure to yield.
• —Truck Accidents: Commercial truck crashes involving 18-wheelers, delivery trucks, and freight vehicles on I-75 and major freight routes. These cases often involve catastrophic injuries and complex liability involving trucking companies, maintenance contractors, and cargo loaders.
• —Motorcycle Accidents: Fort Myers' warm climate makes it popular for motorcyclists, but accidents involving cars turning left in front of bikes, lane-splitting incidents, and visibility issues cause severe road rash, broken bones, and traumatic brain injuries.
• —Pedestrian Accidents: Fort Myers Beach, downtown Fort Myers, and tourist districts see frequent pedestrian accidents in crosswalks, parking lots, and unmarked roads. Pedestrian victims often suffer life-threatening injuries even in low-speed collisions.
• —Slip and Fall / Premises Liability: Wet floors at Fort Myers Beach resorts, poorly maintained sidewalks in commercial districts, inadequate lighting in parking garages, and negligent security leading to assaults. Property owners owe visitors a duty of care to maintain safe premises.
• —Uber and Lyft Rideshare Accidents: Rideshare accidents in Fort Myers involve complex insurance coverage questions between the driver's personal policy, Uber/Lyft's corporate policy, and third-party liability. We navigate these multi-party claims to maximize your recovery.
• —Wrongful Death: When negligence takes a loved one's life—whether in a fatal car crash, workplace accident, or medical error—Florida's wrongful death statute allows family members to pursue compensation for loss of support, companionship, and funeral expenses. We handle these cases with compassion and aggressive advocacy.
• —Medical Malpractice: Surgical errors, misdiagnosis, medication mistakes, and birth injuries at Lee Memorial Hospital, Gulf Coast Medical Center, or other Fort Myers healthcare facilities. Medical malpractice cases require expert testimony and deep medical-legal knowledge.

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 Fort Myers 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

Proving Your Fort Myers Personal Injury Case

Winning a personal injury case in Fort Myers requires proving four elements of negligence: the at-fault party owed you a duty of care, they breached that duty through action or inaction, their breach directly caused your injuries, and you suffered actual damages as a result. This legal framework sounds simple, but proving each element requires substantial evidence and legal strategy.

For example, in a Fort Myers car accident on I-75, we must prove the other driver had a duty to follow traffic laws, breached that duty (perhaps by speeding or texting while driving), that this breach caused your collision and injuries, and that you suffered quantifiable damages like medical bills, lost wages, and pain and suffering. Evidence includes police reports, traffic camera footage, witness statements, medical records documenting your injuries, and expert testimony connecting the accident to your specific injuries.

At Tollinchi Law, our Fort Myers personal injury lawyers immediately begin investigating your case. We visit accident scenes, interview witnesses before memories fade, obtain surveillance footage before it's deleted, work with accident reconstruction experts, and collaborate with medical professionals who can testify about the severity and permanence of your injuries. We build cases that withstand insurance company scrutiny and, when necessary, persuade juries.

The insurance company will have investigators, lawyers, and medical experts working to minimize your claim. You need equal firepower on your side. With 20 years of experience and over $10.5 million recovered for 4,850 clients across Florida, we know how to build compelling cases that result in maximum compensation. We've taken on Fortune 500 insurance companies and won. Call us today at (954) 524-4100 to schedule your free consultation and learn how we can help you.

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.