Professional Advice
Frequently Asked Questions
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Florida Car Accident FAQs
From the moment that your accident happens, the insurance company is going to do everything they can to build a case against you. Recorded statements are used by insurance companies to get you on the record by asking you specific questions about how the accident happened. They will also ask you about injuries that you sustained in the accident as well as any preexisting injuries you may have. None of the questions are designed to help you. They are used by the insurance company to find out any information that they can use to their advantage when settling your case.
Florida Personal Injury FAQs
We don't want to see innocent individuals take the fall for an accident that was not their fault, nor do we want you to be left with financial burdens for your medical expenses. We can help you navigate the complexities of various insurance policies and advocate for the compensation you deserve.
This is why you should consult with an attorney at our firm to make sure you understand the statute of limitations for your particular claim.
Southwest Florida Personal Injury FAQ
If you or a loved one has been injured in Bonita Springs, Estero, Naples, Fort Myers, or anywhere in Southwest Florida, navigating insurance claims and the legal system can feel overwhelming. Below are the real questions injured victims ask, paired with clear, powerful answers grounded in Florida statutory law, local jurisdictional guidelines, and over 30 years of courtroom experience.
General Florida Injury Law & Our Firm's Process
The foundational rules that govern every Florida personal injury claim, plus how Pittman Law Firm walks alongside you from the first call to final resolution.
How long do I have to sue someone for an accident in Florida?
Under Florida Statute § 95.11(3)(a), the strict statute of limitations for general negligence-based personal injury claims is two (2) years from the exact date of your accident.
This critical deadline was permanently shortened from four years to two years following Florida's comprehensive tort reform laws (HB 837). Missing this statutory window completely bars your right to financial recovery. Our firm closely tracks this timeline for clients throughout Fort Myers, Naples, Bonita Springs, and Estero to ensure all legal rights are perfectly preserved.
What if the accident was partly my fault? Can I still get a payout?
Yes, but only if your assigned share of the blame is 50% or less. Under Florida's modified comparative fault framework (Florida Statute § 768.81), if a jury or insurance company determines you are 51% or more responsible for the incident, your recovery drops to zero.
If you are found 20% at fault for a crash on US-41 in Estero, your final compensation is reduced by exactly 20%. Because insurance adjusters aggressively manipulate facts to push your fault past the 51% cliff to escape liability altogether, having an experienced trial attorney to protect the truth of your case is vital in Lee and Collier County courts.
Am I going to get stuck talking to a cold, automated call center if I reach out to your firm?
No. Pittman Law Firm completely rejects automated phone trees, call centers, and outsourced intake screening operations.
Stressed, injured neighbors deserve absolute human empathy and direct answers. When you contact Pittman Law Firm, P.L., you speak directly with our local legal team. Your free consultation is a supportive, personal, one-on-one conversation where we listen to your story and lay out your rights with absolutely zero pressure.
How much does a personal injury lawyer cost upfront? Can I afford to hire you?
It costs you absolutely nothing out-of-pocket to hire our firm. We operate on a strict contingency fee basis, meaning our legal fees are entirely tied to a successful resolution of your claim.
We fund 100% of your case investigation, including purchasing local police crash reports, securing emergency room billing records, and handling advanced litigation costs. We only get paid if we win your case through an out-of-court settlement or a courtroom jury verdict. If we don't recover money for you, you owe us nothing.
Will I actually have to go to court and testify in front of a jury?
The vast majority of personal injury claims are successfully resolved through an out-of-court settlement without you ever setting foot inside a courtroom.
Our primary goal is always to build an ironclad case file that forces corporate insurance carriers to pay maximum compensation quietly. However, David Pittman uses over 30 years of trial experience to prepare every case as if it is headed to a jury verdict. This strict readiness provides the precise leverage needed to secure a top-dollar settlement out of court.
I don't like my current lawyer. Can I fire them and switch my case to Pittman Law Firm?
Yes. Florida law grants injury victims the absolute, unconditional right to change their legal counsel at any stage of a personal injury case.
Switching to David Pittman's 30+ years of trial experience is seamless and zero-stress. Our team manages the entire file transfer from your old firm directly, ensuring you do not have to handle an awkward conversation. It costs you nothing extra out-of-pocket, as any legal fees are split directly between the law firms behind the scenes once we win your claim.
Car, Motor Vehicle & DUI Accidents
Florida's no-fault insurance rules, the 14-day medical deadline, and how to protect your claim from aggressive insurance adjuster tactics.
How long do I have to see a doctor after a car wreck in Florida?
You have a strict deadline of exactly 14 days from the date of a motor vehicle accident to seek formal medical evaluation to preserve your insurance benefits.
Under Florida's No-Fault auto insurance law (Florida Statute § 627.736), missing this 14-day window allows your auto insurer to legally deny your Personal Injury Protection (PIP) coverage entirely. You must be diagnosed by a qualified medical professional at a facility, such as an emergency room, urgent care center, or primary physician clinic in Fort Myers or Naples, to protect your medical and wage coverage.
I was hit by a drunk driver. What are my legal options against them?
If you are injured by an impaired driver, you are legally entitled to pursue standard compensatory damages alongside punitive damages meant to severely punish the offender.
Under Florida Statute § 768.736, statutory limits and caps on punitive damages are completely eliminated in accidents involving drunk or drugged drivers. Pittman Law Firm aggressively reviews local police breathalyzer results, criminal DUI citations, and chemical testing data across Fort Myers, Naples, Bonita Springs, and Estero to maximize financial recovery from reckless drivers.
The insurance adjuster is pushing me to sign a quick settlement check. Should I take it?
No. Do not sign any waivers, accept quick checks, or provide a recorded statement without legal review.
Insurance companies utilize high-pressure tactics to offer fast, lowball payouts before the true, long-term medical impacts of your injuries are fully evaluated by doctors. Once you sign their release forms, your claim is closed forever. David Pittman will evaluate any initial offer for free to ensure you force a full financial recovery.
What do I do if the person who hit me doesn't have car insurance?
If the at-fault driver is completely uninsured or lacks adequate bodily injury coverage, you can recover compensation through the Uninsured/Underinsured Motorist (UM) coverage on your own auto policy.
Florida routinely experiences some of the highest rates of uninsured drivers in the country. Our legal team conducts exhaustive insurance audits on your household auto, umbrella, and resident relative policies to uncover hidden UM coverage and secure maximum compensation from your own provider.
Should I talk to the other driver's insurance adjuster or give them a recorded statement?
No. You have no legal obligation to speak with the at-fault driver's insurance representative, and doing so is highly likely to damage your claim.
Insurance adjusters are corporate advocates trained to ask misleading questions to extract admissions of fault or downplay your physical pain. The moment you retain our firm, they talk to us, not you. We step between you and the insurance company, completely insulating you from their tactics.
Commercial Truck Wrecks
Federal FMCSA rules, corporate defense playbooks, and how to preserve the black box data that wins eighteen-wheeler cases.
Why is a semi-truck accident claim so much harder to fight than a regular car crash?
Commercial truck accidents involve complex Federal Motor Carrier Safety Administration (FMCSA) regulations, catastrophic injury valuations, and massive corporate defense firms.
Corporate trucking lines deploy defense teams immediately following an accident to limit financial liability. We act instantly by issuing emergency spoliation notices, legally forcing truck companies to preserve electronic black box data, driver cell phone logs, mandatory drug test results, and maintenance records to prove systemic negligence.
Who do I actually sue if a commercial truck crashes into my car?
Liability can extend well beyond the driver to include the trucking corporation (under respondeat superior doctrines), the third-party cargo loading vendor, or the vehicle maintenance contractor.
Identifying every negligent entity is necessary to unlock secondary commercial insurance policies. We thoroughly investigate the commercial relationships behind the truck that struck you to build a comprehensive claim for severe or life-altering injuries.
Motorcycle, Golf Cart, Bicycle & Pedestrian Accidents
Florida's helmet rules, the "dangerous instrumentality" treatment of golf carts, and how PIP applies when you are on two wheels or on foot.
Can I still file an injury claim if I wasn't wearing a helmet during my motorcycle crash?
Yes. Under Florida Statute § 316.211, riders over the age of 21 are legally permitted to ride without a helmet provided they carry a minimum specialized medical insurance policy.
While legal, insurance defense lawyers will aggressively try to blame your lack of a helmet for your head or neck injuries, attempting to push your shared fault past the 51% bar to eliminate your payout entirely. You need David Pittman's 30+ years of local trial experience to systematically defeat these corporate blame tactics in court.
I was injured in a golf cart accident inside my community. Is that handled like a car crash?
No. Florida auto PIP laws do not apply to golf carts, but Florida law explicitly classifies a golf cart as a "dangerous instrumentality."
This special classification means the owner of the golf cart faces strict vicarious liability for injuries caused by anyone they permitted to drive it. Golf cart collisions are a major issue across master-planned neighborhoods in Bonita Springs and Estero. We successfully navigate complex homeowners' policies, specialty cart riders, and umbrella lines to secure compensation.
Does my Florida PIP auto insurance cover me if I get hurt on a motorcycle?
No. Under Florida auto insurance statutes, motorcycles are explicitly excluded from mandatory PIP coverage requirements.
Motorcyclists face immediate out-of-pocket financial exposure for hospital bills after a wreck. We move swiftly to coordinate medical payments coverage (MedPay), private health insurance plans, and aggressive third-party bodily injury claims against the negligent motorist to cover your immediate medical costs.
What happens if a car hits me while I am walking or riding a bicycle?
Pedestrians and bicyclists maintain full legal rights to seek maximum compensation if struck by a negligent driver. Your initial medical bills are typically processed through your own auto PIP insurance.
Under Florida's no-fault legal framework, your auto PIP policy covers you even when you are walking or cycling. If you do not own a vehicle, we identify coverage options through resident relatives or secondary policies, while aggressively pursuing the driver's bodily injury limits to cover your long-term medical damages near downtown Fort Myers or Naples.
Slip & Fall & Premises Liability
What evidence you must preserve at the scene, how Florida's "constructive knowledge" standard works, and when negligent security claims apply.
What steps should I take immediately after I slip and fall at a local store or business?
Immediately report the incident to management, secure a copy of the written incident report, take detailed photos of the hazard that caused you to fall, collect witness contact details, and seek medical care.
Property owners often repair hazards or clean spills immediately after an accident occurs. Preserving photos of a wet floor, broken walkway, or missing handrail provides the foundational evidence our firm needs to secure a top-dollar settlement out of court in Lee or Collier County.
What do I need to prove to make a store pay for my injuries after a slip and fall?
Under Florida Statute § 768.0755, you must prove that the business establishment had actual or constructive knowledge of the dangerous, temporary foreign substance or condition on the floor and failed to fix it or warn you.
"Constructive knowledge" is established by proving the hazard existed for such a duration that a reasonable business using ordinary care should have found and cleared it. We act instantly to subpoena local store surveillance video feeds and audit mandatory floor-sweep logs to prove property owner negligence across Southwest Florida.
Can I sue a business property owner if I was attacked or hurt because of poor lighting or bad security?
Yes. If a commercial business or apartment complex fails to provide reasonable security, functioning locks, or proper lighting in an area with a documented history of local crime, they can be held liable under negligent security laws.
Business owners have a strict legal duty to safeguard invited guests from foreseeable criminal elements. We extract historical police dispatch records and crime grid statistics to demonstrate that a business failed to meet standard safety guidelines.
Nursing Home Abuse & Medical Malpractice
Warning signs to watch for in long-term care, the 90-day pre-suit investigation that med mal cases require, and the deadlines that protect your right to file.
How do I know if my loved one is being neglected in a nursing home, and how long do I have to sue?
Warning signs include bedsores (pressure ulcers), unexplained bruising or fractures, sudden dehydration, dramatic weight loss, and poor hygiene. Under Florida Statute § 400.023, you generally have two (2) years from the date the neglect was discovered (or should have been discovered) to take legal action.
Long-term care residents are fully protected by a statutory Bill of Rights in Florida. Corporate nursing homes often try to attribute sudden injuries or pressure ulcers to old age or pre-existing conditions. We carefully audit internal facility staffing records, medication logs, and clinical charts to hold negligent facilities accountable across local care centers.
Can I sue a doctor or hospital for a medical mistake, and how long do I have to file?
Yes, if a healthcare provider fails to meet the prevailing professional standard of care, directly causing severe injury or wrongful death. Under Florida Statute § 95.11(4)(b), you must file a claim within two (2) years of when the error was discovered or should have been discovered.
Medical malpractice actions are highly technical and require a mandatory, expert-backed 90-day pre-suit investigation process before a lawsuit can even be formally initialized. Because of these complex legal requirements, contacting us immediately is essential to protect your case value against local healthcare systems.
Dog Bites & Wrongful Death
Florida's strict-liability rule for dog owners and the personal representative process that governs every wrongful death lawsuit.
Can I sue a dog owner if their dog bites me or my child in Florida?
Yes. Under Florida Statute § 767.04, Florida imposes a strict standard of strict liability on dog owners.
Unlike states requiring a "one-bite" history, a Florida dog owner is fully liable for bite damages in a public area or lawfully on private property, regardless of whether the dog has ever shown aggression before. We routinely investigate these claims to secure full medical and cosmetic surgery compensation directly through homeowners' or renters' liability insurance policies.
My loved one died due to someone else's negligence. Who is legally allowed to file a wrongful death case?
Under the Florida Wrongful Death Act (Florida Statute § 768.20), a wrongful death lawsuit must be initiated exclusively by the personal representative named for the deceased person's estate.
The personal representative brings the action on behalf of the estate and all surviving family members, including a spouse, dependent children, or parents. The claim seeks recovery for sudden funeral costs, lost financial support, and profound loss of companionship. The statute of limitations for filing a wrongful death claim is strictly limited to two (2) years.
Have Questions About Your Accident? Let's Sit Down.
Do not navigate the complex insurance minefield alone. Contact our local team today to get clear, honest guidance from a trial attorney who has fought for Southwest Florida families for more than 30 years.