Personal Injury

Immokalee personal injury cases are those in which a person has suffered harm because of an accident or intentional act by another who breached a legal duty to use reasonable care. These are civil matters, formally referred to as “torts,” that are separate and unique from criminal cases, even though the same act can be grounds for both.

Not all personal injury claims require a trial or even a lawsuit. Sometimes they can be settled out-of-court with the help of a personal injury lawyer simply by formulating a demand and having your attorney help you negotiate a fair settlement. In those scenarios where an agreement can’t be reached, litigation may be necessary.

At Associates and Bruce L. Scheiner, Attorneys for the Injured, our Immokalee personal injury lawyers have been successfully helping clients in this region of Collier County obtain full and fair compensation in many types of personal injury and wrongful death claims.

Causes of Personal Injury in Immokalee

Immokalee personal injury claims can run the gamut, including (but not limited to):

  • Car accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Truck accidents
  • Slip-and-fall accidents
  • Construction accidents
  • Dog bite injuries
  • Nursing home abuse/ nursing home negligence
  • Work-related accidents
  • Medical malpractice (including birth injuries and maternal deaths)
  • Defective product injuries

The U.S. Centers for Disease Control & Prevention report there are an estimated 31 million people hospitalized in emergency rooms annually due to unintentional injuries, and roughly 131,000 die as a result. In Collier County, the Florida Department of Health reports unintentional injuries are the No. 4 cause of death (behind cancer, heart disease and Alzheimer’s disease). Top causes of unintentional injury in the county are:

  • Motor vehicle accidents
  • Falls
  • Drownings

These incidents are almost always preventable.

Theories of Liability in Florida Injury Lawsuits

Most personal injury lawsuits in Immokalee are founded on a legal principle called “negligence,” as spelled out in Chapter 768 of Florida Statutes. Basically, not every injury suffered can be grounds for a claim. What we as injury attorneys need to show in a negligence lawsuit is:

  • Defendant (a motorist, a property owner, a company) owed you (plaintiff) a duty to exercise reasonable care in some capacity.
  • Defendant failed to use reasonable care, either by action or omission.
  • That failure to use reasonable care caused you to suffer some type of injury, illness or harm.
  • The harm you suffered was substantial enough to warrant monetary compensation (also known as “damages”).

It’s important to note that Florida is a comparative fault state, which F.S. 768.18 explains to mean the fact of your own contribution of fault to an accident that caused you injury doesn’t negate your claim against someone else. However, it can be used to argue you shouldn’t be compensated for as much money as you’re asking. For example, if a jury finds you’re damages to be $100,000, but you’re also 25 percent to blame for what happened, the total amount you could be compensated is $75,000.

Another theory of liability in Immokalee personal injury lawsuits is strict liability, most often raised in cases involving dog bites (F.S. 767.04) and dangerous or defective products. In dog bite cases, as long as you were lawfully on site and not taunting the dog, the owner is responsible to pay damages and it doesn’t matter if he/she had any prior inkling the dog was vicious or might bite. Product liability cases can be argued under the theory of strict liability if it’s shown the product was unreasonably dangerous to consumers and the defect that made it so existed when it left the control of defendant (which could be anyone in the distribution chain).

A few types of Immokalee personal injury claims don’t require proof of fault. (i.e., “no fault”).

The two most common are personal injury protection auto insurance (also known as PIP) and workers’ compensation. Starting with PIP, all drivers (excluding motorcyclists) are required to buy a minimum of $10,000 in coverage that will be paid to them in a crash regardless of who caused the accident. It’s only if your injuries are quite serious that you’re allowed to step outside the no-fault system and sue the other driver. In workers’ compensation cases, benefits are provided to workers who are injured or become sick due to some aspect of their work. They aren’t required to show their employer did anything wrong. This is the exclusive remedy against one’s employer, per F.S. 440.11 (except in rare cases an employer acts with intention to harm worker). It should be noted Florida only exempts a small fraction of farmers from providing workers’ compensation to their migrant and seasonal farmworkers, who toil in one of the most dangerous industries in the state. Further, your employer may try to avoid paying workers’ compensation by saying you’re an “independent contractor.” Unlike employees, contractors aren’t entitled to benefits like minimum wage, rest breaks, overtime – and workers’ compensation. You can sometimes push back and ask a judge to review because employees are too often misclassified, and one’s actual designation is determined not by how the company labeled him, but rather by how much control a company exerts over the worker’s daily tasks.

Our injury lawyers in Immokalee can help you determine the best course of legal action to maximize your odds of full and fair recovery.

If you or someone you care about has been hurt, contact the Immokalee injury lawyers at Associates and Bruce L. Scheiner, Attorneys for the Injured. You pay us no fees unless we win.

Client Reviews
Bruce L. Scheiner and his team were the most friendly people I've ever met they genuinely cared about me... I highly recommend them Brooke Krause
I was really satisfied with services I received. Bruce is not only an attorney, but like family. He got me three times what I thought I would receive and was always there when I needed an answer on something. I'd say he is the best attorney I have dealt with in my 68 years. Harry Zulauf
I found working with the BLS firm to be a very good experience. They kept me informed on my case, answered all my questions, and were prompt when I needed assistance. Wendy Walker
I was in an accident and BLS was very helpful and gave a lot of support. If I had any questions, it was just a phone call away. Everyone in the office is very nice and helpful. Celeste Thompson
We had a wonderful experience with everyone here. The staff and attorneys were friendly, knowledgeable, and compassionate. They inquired about our injuries and our recovery. I would highly recommend their services! Heather Bair Daniels
I have nothing but good things to say about this law firm. I can honestly say that I am very satisfied with their work and my end results. I would absolutely recommend these set of attorneys to anyone. Thank you guys for all the hard work! Merida McDonald
BLS was incredibly helpful with my case, even during the hard challenging periods of my case Bruce & PJ were always just a call away. Even though they couldn't answer my call at that direct moment, they ALWAYS made a point to call me back. The staff at Associates and Bruce L. Scheiner were always helpful and friendly, if they didn't have the answer they would always call me back with what I needed to know. Robert Drawdy
I was in a car accident and I seen his Advertisement on TV and I was very impressed of how kind and caring he really is to others and I called them and they took my case and they were very caring and understanding .. they were right on top of everything from being to end and the staff that works in the Fort Myers office were very friendly I would recommend them to a friend or family member if in need of a attorney... Thank you for your services and you made me feel like part of your family. Christina Mauro