Fort Myers Insurance Claim

After a car accident, dealing with insurance companies can be overwhelming. Adjusters may minimize injuries, delay claims, or offer low settlements. Wolfson & Leon has represented Florida car accident victims since 1963, helping clients navigate insurance claims, negotiate settlements, and pursue full compensation. If you were hurt in a Fort Myers crash, our legal team can protect your rights throughout the claims process.

After a car accident in Fort Myers or anywhere in Southwest Florida, most injury claims begin with an insurance company. Whether you're filing against your own insurer or the at-fault driver’s insurer, the settlement negotiation process can be complicated — especially now that Florida applies modified comparative negligence and a shorter two-year statute of limitations on negligence claims.

Insurance companies are not on your side. Their goal is to settle claims for as little as possible. At Wolfson & Leon, our Fort Myers car accident lawyers help injury victims understand their rights, build strong claims, and negotiate fair compensation.

Car accidents in Fort Myers happen along busy roads such as U.S. 41, Colonial Blvd, Daniels Parkway, I-75, and Cleveland Ave. No matter where it occurred, the claims process generally follows similar steps:

1. Filing the Initial Claim

You must notify your insurer and, in many cases, the at-fault driver’s insurer. Florida’s Personal Injury Protection (PIP) covers up to $10,000 in medical expenses and lost wages, regardless of fault.

1. Investigation by the Insurance Companies

Insurance adjusters review:

• Crash reports
• Medical records
• Photos of the scene
• Witness statements
• Vehicle damage estimates

Important: Adjusters are trained to look for ways to reduce payouts or shift blame.

2. Medical Treatment & Documentation

Your injuries must be documented with consistent medical care. Gaps in treatment may be used to argue your injuries are not serious.

3. Demand & Negotiation

Your lawyer sends a formal demand outlining:

• Medical bills (current & future)
• Lost income
• Property damage
• Pain and suffering
• Supporting evidence

Negotiations may involve multiple rounds of counteroffers.

4. Settlement or Litigation

Most claims settle out of court. However, if the insurer refuses a fair settlement, your lawyer may file a lawsuit.

Insurance companies evaluate claims based on:

• Severity of injuries
• Cost of medical care
• Long-term health impact
• Whether you missed work or lost earning ability
• Strength of supporting evidence
• Your percentage of fault in the crash

Since Florida now follows modified comparative negligence, if you are found more than 50% at fault, you may be barred from recovering compensation. If you are less than 50% at fault, your compensation is reduced by your percentage of fault.

This makes evidence collection extremely important.

Insurance companies may:

• Delay processing to pressure victims financially
• Request recorded statements to use against you
• Claim injuries are pre-existing
• Suggest low early settlements before full medical evaluation
• Downplay pain and suffering
• Send you to company-approved doctors
• Argue you share fault in the crash

You are not required to speak to the other driver’s insurer — and you should not do so without legal guidance.

Our Fort Myers car accident attorneys:

• Gather medical evidence and accident reports
• Prevent insurers from twisting your statements
• Work with doctors and experts to document injuries
• Calculate full damage value — not just initial bills
• Negotiate aggressively to increase your settlement
• File lawsuits when insurers refuse to pay fairly

We handle the insurance claim process so you can focus on your health.

And you pay no fees unless we win.

Depending on the severity of your injuries, compensation may include:

• Medical bills (past and future)
• Therapy and rehabilitation
• Lost wages or reduced earning ability
• Pain and suffering
• Emotional distress
• Reduced quality of life
• Property damage

For reference:

• Car Accidents
• Rearend Car Accidents

• PIP (No-Fault) Coverage applies first.
• At-fault claims provide additional compensation if injuries are severe.
• Modified comparative negligence affects recovery based on who was at fault.
• Statute of limitations for injury claims is 2 years from the date of the accident.

Missing deadlines could prevent you from recovering anything.

It varies. Simple cases may settle within weeks; more complex cases can take months.

Usually no. First offers are often far below the case’s true value.

Most claims settle out of court. However, we are prepared to litigate when necessary.

No. We work on contingency — no fees unless we win compensation.

If you are dealing with an insurance company after a car accident, don’t negotiate alone. Insurance companies have teams of lawyers — you should too.

We proudly serve Fort Myers, Cape Coral, Naples, Estero, Lehigh Acres, Bonita Springs, Sanibel, and all of Southwest Florida.

Your recovery matters — let us fight for it.