Florida injury & disability attorneys
Florida Personal Injury Lawyer
When an injury turns your life upside down, get an experienced attorney in your corner. We handle the legal battle. You focus on getting better.
Schedule a Free ConsultationWhy Choose Berke Law Firm?
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Serving Clients Since 1986
Bill Berke opened his law firm in 1986 and has represented people in Southwest Florida ever since.
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Representing Injured People
Berke Law Firm has only represented injured people and plaintiffs, never insurance companies or employers.
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Clear Communication
We keep you informed and promptly address your concerns and questions.
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No Fee Unless We Win
We do not charge any fees until or unless you are compensated for your injuries.
Standing Up for Injured People
Testimonials
Legal Practice Areas
From a sudden accident to a denied disability claim, find the support that fits your situation.
Do I Have a Florida Personal Injury Case?
If you or any of your family members have been injured due to others’ negligence, you may have a viable personal injury claim.
A personal injury claim can be filed for many types of accidents that occur because of someone else’s negligence. Some of the types of incidents that can give rise to a personal injury claim include auto accidents, dog bites, truck accidents, slips and falls, boating accidents, spinal cord injuries, and medical malpractice.
To collect the medical expenses and compensation you deserve, you will have to prove that the injuries you incurred and your other damages directly result from the other party’s negligence.
We’ll listen to what happened, discuss your concerns, and review whether the firm may be able to help. You can ask about the process, fees, and what to do next before deciding how to proceed.
Berke Law Firm, P.A.
About Bill B. Berke
Mr. Berke received his Bachelor of Science in Business Degree from Indiana University in 1982. Mr. Berke achieved his Juris Doctor Degree from the University of Florida, College of Law in 1985.
Mr. Berke was admitted to the United States District Court, Middle District of the State of Florida in 1987. He was admitted to practice in front of the Supreme Court of the United States in 1994.
Mr. Berke has tried and mediated hundreds of workers’ compensation cases throughout Florida. Mr. Berke and Berke Law Firm, P.A., have only represented injured people/plaintiffs and have never represented insurance companies or employers.
How It Works
Support Through Every Step of the Claims Process
Berke Law Firm, P.A., we have a strong legal team to support you in every step of the claims process. Relying on our help allows you to concentrate on your health while we seek compensation on your behalf.
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Submit Your Claim
You can schedule a free consultation with our experienced lawyers to discuss your injury case.
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Discuss the Scenario
We will gather all pertinent information, examine all aspects of the accident, analyze all parties involved, apply relevant legal strategies, and compile the information required to solidify a winning case.
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We Develop Strong Documentation for the Case
Documenting the entire incident with all minute details plays a vital role in obtaining the claim amount for an auto accident. Information about the accident, medical records, bills, insurance policy information, etc. will be gathered to strengthen your case.
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Our Team Fights for Your Rights
We will work hard to ensure you have the resources and expert testimony you need to establish a strong case and help you secure fair compensation for your damages.
Recovering Damages in Florida Personal Injury Cases
Personal injury damages are serious for a number of reasons. People who suffer personal injuries may face devastating circumstances and financial ruin. Some accident victims will never be the same again. Damages help by covering many of the costs and expenses associated with personal injuries.
- All estimated medical bills and other related expenses
- Lost work wages
- Lost earning potential
- Property damage
- Permanent deformities and disabilities
- Home modification costs
- Psychological distress
- Family relationship difficulties
There are many types of damages that a claimant may seek, but some are more difficult to prove than others. Claimants should be prepared with documentation about their medical care and other related expenses.
Serving Clients Since
1986
Free consultation. No attorney fees unless we win.
Elements of a Personal Injury Claim
Duty of Care
Every personal injury negligence case requires that the claimant prove a duty of care. A duty of care is a legal concept that refers to one’s responsibility to the claimant. The at-fault party typically has a duty to act within the confines of reasonable behavior. For example, a driver has the duty to obey traffic laws and not run red lights.
Breach of Duty
The second aspect of a personal injury case relates to a breach of this duty. A breach of duty occurs when the accused party fails to discharge their duty of reasonable care. For instance, a surgeon may breach a duty of care by failing to follow proper procedure.
Damages
The third aspect of personal injury claims is the injury or injuries. These are also called damages. Damages can arise as the result of medical expenses associated with a physical injury, emotional damages, punitive damages, and lost wages, among other things.
Causation
Finally, there is the element of causation. The claimant must prove a causal link between the other party’s actions and the injuries they suffered. This may sound easy, but it can become extremely complicated.
Steps to Take After an Auto Accident in Florida
When you have been involved in an auto accident, taking certain steps is critical to ensure you have all of the information needed for future reference.
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Check Yourself for Injury
Check yourself for injury immediately after the accident and call 911. If you are seriously injured, try not to move, ask someone else to call the police and ambulance.
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Check Your Passengers
If you were traveling with passengers, check for their well-being, too. Help passengers to get out of the vehicle and assist them in checking for injuries. Wait for emergency services to arrive even if you or the other passengers are not injured.
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Move to a Safe Place
Move to a safe place like a sidewalk or to the side of the road. If your car or any other vehicle is safe to drive and you are in a condition to move it to the side of the road or shoulder, you can do so. Otherwise, do not take any risk, leave the vehicle, and wait in a safer place for emergency help to arrive.
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Wait for Help
Waiting for help is especially important. You must turn off your engine and turn on your vehicle’s hazard lights. If you have road flares, use them to warn other drivers on the road.
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Exchange Information
Exchange information with the other driver once you are sure that you and the other individuals involved are not injured. The information you exchange should include contact information, insurance info, etc. You may ask for the following information from the other driver involved in the accident.
Document the entire accident. Take note of every detail of what happened, take pictures, write down names, contact information for any witnesses, and any other information or details that you come across.
FAQs of Florida Personal Injury Law
Can You Sue for Personal Injury in Fort Myers?
Yes, you can sue for personal injury in Fort Myers, Florida. Florida law allows individuals who have been harmed due to the negligence of others to seek compensation for their injuries, losses, and suffering. This process typically involves filing a lawsuit in a relevant civil court. Time limits apply, known as statutes of limitations, so legal advice should be sought promptly to protect your rights.
How Does a Personal Injury Lawsuit Work in Fort Myers?
A personal injury lawsuit in Fort Myers, Florida, usually starts with filing a complaint detailing your injuries and how the other party’s negligence caused them. The defendant is served notice and given a chance to respond. Both parties collect evidence during discovery. If a settlement isn’t reached, the case proceeds to trial. The judge or jury decides liability and damages. Always consult a personal injury attorney for guidance on the specifics of your case.
How Long Does It Take to Settle a Personal Injury Case in Fort Myers?
The timeline for settling a personal injury case in Fort Myers, Florida, can vary widely. It typically ranges from a few months to several years, depending on factors like the complexity of the case, the severity of the injuries, the willingness of parties to negotiate, and court backlog. While many cases are settled out of court within a year, those going to trial can take longer. Consulting with a local personal injury lawyer can provide a more precise timeline.
What Is the Burden of Proof in Personal Injury in Fort Myers?
In personal injury cases in Fort Myers, Florida, as in most of the U.S., the burden of proof falls on the plaintiff (the injured party). They must establish, by a “preponderance of the evidence,” that the defendant’s negligence caused their injury. This standard means it is more likely than not (over 50% probable) that the defendant’s actions or inaction caused harm. This is a lower standard than in criminal cases, which require proof “beyond a reasonable doubt.”
What Happens During a Free Consultation?
We’ll listen to what happened, discuss your concerns, and review whether the firm may be able to help. You can ask about the process, fees, and what to do next before deciding how to proceed.
Do I Need to Know What My Case Is Worth?
No. The value of a claim depends on its facts, available evidence, applicable law, and insurance coverage. A consultation is an opportunity to understand what information matters.
What Should I Bring to Our First Conversation?
If you have them, bring accident reports, photographs, insurance correspondence, medical bills, and a short timeline. For a disability matter, have any decision letters and medical provider details ready. You can still contact us if you don’t have these yet.
Can You Help If My Disability Claim Was Denied?
The firm handles Social Security disability matters, including denied claims and appeals. Bring the decision letter so we can discuss the stage of your claim and any time-sensitive next steps.
Our Florida Personal Injury Attorney Service Areas
Berke Law Firm, P.A., is a reputable Cape Coral law firm that has been providing end-to-end legal services for Social Security disability claims and personal injuries for more than 35 years.
Cape Coral · Fort Myers · Naples · Bonita Springs · Punta Gorda · Port Charlotte · Miami · Tampa · Orlando · Fort Lauderdale · West Palm Beach