Fort Myers Personal Injury Lawyer
At Terry S. Nelson, P.A., we handle complex medical malpractice and personal injury cases for clients throughout Southwest Florida. From our home base in Fort Myers to our clients in Naples and Port Charlotte, our founding lawyer brings over 40 years of experience to your side. He is a board-certified civil trial attorney – a specialized designation that gives you an elite advocate in the courtroom when holding negligent doctors, hospitals and medical clinics accountable.
To learn more about how we protect victims across Lee, Collier and Charlotte counties, call 239-334-1789.
We provide personal service to all our injured clients. We offer free consultations and work on a contingency fee basis. We do not charge you for costs or fees unless we make a successful recovery for you.
Personal Injury Cases We Handle
Our founding attorney is skilled at handling even the most challenging personal injury matters. No personal injury legal issue is too difficult for us to handle. Our Fort Myers medical malpractice attorney can assist you, regardless of your matter.
The types of cases we routinely handle include:
- Nursing home neglect and abuse causing injury or the wrongful death of the resident
- Wrongful death claims brought by the survivors of people killed by others’ negligence
- Medical malpractice against negligent doctors, hospitals or other medical providers
- Birth injuries caused by negligent doctors or hospital staff during delivery
- Motor vehicle accidents, ranging from minor car accidents to more severe accidents involving motorcycles or trucks
- Product liability cases
- Spinal cord injuries, from vehicle accidents, trip and falls, defective products or defective conditions aboard cruise ships
Our firm also handles cases involving serious injuries sustained in plane accidents.
Proving Negligence In A Florida Personal Injury Claim
To pursue a personal injury claim in Florida, you must prove that the other party was at fault, and that fault caused your losses. Under Florida negligence law, four elements must be established: the legal duty owed to you, the failure to uphold that duty, the direct connection between that failure and your injury, and the losses you suffered as a result
Duty of care means the other party had a legal responsibility to exercise reasonable care toward others. A driver, for example, must follow traffic laws, just as a doctor must meet accepted medical standards. A breach occurs when they fail to meet that responsibility.
From there, you must show that their failure directly caused your injury and the losses that followed, which can range from medical expenses to pain and suffering.
Building A Strong Personal Injury Claim
A personal injury claim is only as strong as the evidence behind it. However, that evidence can disappear quickly. Scenes get repaired, footage gets overwritten and witnesses can forget details. Acting fast is crucial.
A strong claim is typically supported by evidence such as:
- Medical records
- Accident or incident reports
- Photographs and video of the scene
- Witness statements
In complex cases involving medical malpractice, testimony from qualified professionals may also be necessary, since they can help build the connection between the defendant’s actions and your injuries.
Attorney Terry S. Nelson and our team will handle the entire evidence-gathering process on your behalf, so you can focus on your recovery.
Compensation Available In Personal Injury Claims
Personal injury claims allow you to seek compensation for both financial and personal losses. Florida also does not limit most personal injury damages, and what you can recover depends on the facts of your case.
Economic Damages
These are losses with a measurable dollar value. This includes past and future medical expenses, lost wages, reduced earning capacity and property damage.
Noneconomic Damages
Florida law also recognizes that a serious injury affects your quality of life in ways that are harder to put a number on. These noneconomic damages can include physical pain and suffering, emotional distress, loss of enjoyment of life and loss of consortium, or the effect your injury has on your relationship with your spouse.
Wrongful Death Damages
When an injury results in death, surviving family members may also pursue a wrongful death claim. This can help them recover funeral costs, lost financial support and loss of companionship.
Shared Fault And Your Recovery
It is also important to know that shared fault can affect your recovery. Under Florida law, if the court finds you more than 50% responsible for your own injuries, you cannot recover compensation. If your share of fault is 50% or less, it reduces your compensation by that percentage. However, you will still have the right to pursue a claim.
Attorney Nelson works hard to make sure that no loss goes unaccounted for. He will assess how your injury has affected your life and pursue every form of compensation you deserve.
Florida Personal Injury Statute Of Limitations
In Florida, most personal injury and wrongful death claims must be filed within two years. For medical malpractice, the two-year clock starts from when you discovered the injury. However, the deadline can never extend beyond four years from when the malpractice occurred.
Contact Our Southwest Florida Personal Injury Attorney
Contact Terry S. Nelson, P.A., in Fort Myers to talk to a lawyer about your personal injury or wrongful death case. We proudly represent injured patients across the entire Charlotte and Collier County region. We can be reached by phone at 239-334-1789 or through our online contact form.