Accidents happen all the time. If you ever find yourself suddenly injured due to an accident, you may be in for a painful and expensive recovery. An attorney can help you file a personal injury lawsuit to get financial compensation from those who caused the accident.

To start your case, gather as much information and evidence about the accident as possible. This can take time, so it is best to get a lawyer as soon as possible. Your attorney should draft a formal legal complaint that spells out your allegations against the defendant. We can use witness testimony, video evidence, photographs, and evidence the police uncovered during an investigation to support your claims.

Get a free, private case analysis from our personal injury attorneys when you call the Graves Injury Law Firm at (305) 614-2767.

How to Begin a Personal Injury Lawsuit

Starting a personal injury case is far from easy, and it can be especially difficult for those dealing with severe injuries or long-term medical complications. Do not hesitate to get legal help as soon as possible.

Hire an Attorney

Beginning a personal injury lawsuit, let alone steering it through complicated legal procedures, may be more than the average person is ready to handle. A lawyer can help you evaluate your claims, gather information and evidence, file your case, and guide you through the judicial system, all while you rest and recover from your injuries.

Collect Evidence and Information

Before we file the case, we need some evidence to support your claims. While we do not have to include all our evidence when we first file the case, we need to include enough to show that you have a valid cause of legal action.

We should start searching for evidence almost immediately. Once the accident scene is cleared away, evidence may become lost. Over time, witnesses might relocate or forget important information. The sooner we begin, the more likely we are to find the evidence we need.

Draft and File a Legal Complaint

Your lawsuit officially begins when our personal injury lawyers file a formal legal complaint with the court. The complaint is a legal document that must explain how the accident happened, who was involved, how you were injured, evidence of your claims, and information about your damages.

The complaint is a crucial document, as it may set the tone for the rest of your case. If the complaint is vague or missing important information, it could be rejected, and you may have to start your case over from scratch.

How to Prove Fault in a Fort Myers Personal Injury Case

Proving fault requires evidence, and evidence may be unique to each case. How we prove fault will depend on how the accident happened and how you were injured.

Police Reports

Many accidents are investigated by the police, and the police should write a formal report about their findings. Although police reports are generally inadmissible in court as evidence, we may review them as a sort of guide to evidence obtained by the authorities.

Video Evidence

Cameras are practically everywhere nowadays, and there may be video footage of the accident. You or someone else may have recorded a portion of the accident with a cell phone. There may be security cameras in the area. Even cars may have dashcams that record car accidents.

If we believe video footage of the accident exists, we should obtain it quickly before it is inadvertently deleted or erased.

Witness Testimony

If other people saw the accident or were otherwise involved, we may ask them to testify in your lawsuit. We can interview numerous witnesses as we prepare your case to see who has valuable testimony. The more people who can testify and back up your claims, the stronger your case may be.

Damages Available in a Personal Injury Case

Like evidence, damages vary from case to case and are unique to each plaintiff. Below are damages commonly claimed in personal injury cases, although your case may involve additional or different claims.

Medical Bills

We must establish proof of your injuries. Photos of your injuries and your testimony can help, but your medical records may be the strongest evidence we can get. After an accident, call 911 and get to the hospital as quickly as possible. The defense may use any gaps in your medical record or delays in treatment to undermine your claims.

Property Damage

Accidents frequently cause extensive damage to property. In a car accident, you may claim the cost of repairing or replacing your car. If any personal items, like cell phones, jewelry, and even clothing, were damaged, you may claim their value as part of your damages.

Even if you only lost small items of personal property, discuss them with your lawyer. Remember, numerous small losses mya add up to big damages.

Loss of Income

When people get hurt in accidents, they may have to take time off from work to recover. In especially serious cases, an injured victim may be unable to work for a long time. While you cannot work, you may lose valuable income. You should claim all the income you have lost and will likely continue to lose as your case unfolds.

Pain and Suffering

Many damages are difficult to translate into monetary terms, but they may still warrant significant financial compensation. Pain and suffering may encompass a wide range of painful personal experiences. Physical pain, emotional distress, mental trauma, and even humiliation may be grounds for claims for pain and suffering.

How Soon After an Accident Should You Call a Personal Injury Lawyer?

You should contact a lawyer quickly, as you only have 2 years from the date of the accident to file a lawsuit. If you do not file on time, you may be barred from ever bringing your claims to court.

Should You Call the Police About Personal Injuries?

Yes. While many accidents do not constitute criminal offenses, they may still constitute serious emergencies. You should contact the police if you need any emergency help. The police may also contain the accident scene to investigate, and they may find evidence we can use to support your civil lawsuit.

Should You Accept a Settlement for Personal Injuries?

If the defendants offer a settlement, you have the right to accept it if you wish. However, you should never accept the first offer, and any offer should be reviewed by your lawyer. You do not have to accept a settlement, and you should not if you have strong evidence and will likely receive more compensation by going to court.

Speak to Our Fort Myers Personal Injury Attorneys About Your Claims

Get a free, private case analysis from our personal injury attorneys when you call the Graves Injury Law Firm at (305) 614-2767.