The Florida Keys are synonymous with laid-back living, but even “Margaritaville” is not immune to the potential for serious injuries.
Car accidents, hotel injuries, truck accidents, boating accidents, scooter crashes - these things often happen without warning and through no fault of the person who was hurt. Suddenly, the insured person is facing not only the challenge of physical recovery but the financial fallout as well.
At The Garvin Injury Law, our goal as longtime Key West personal injury attorneys has always been, to make sure your rights are protected and your best interests are represented. It is important if you were injured while visiting Key West that you work with a legal team you can trust to competently manage your case as you focus on your recovery. Our reputation in South Florida is built on more than 40 years of real results and enthusiastic client recommendations.
Common Key West Personal Injury ClaimsThe U.S. Centers for Disease Control and Prevention reports Americans make an estimated 60 million physician office and emergency department visits annually for unintentional injuries. Personal injury claims for monetary compensation can be filed when the injury was the result of negligence by someone who had a legal responsibility to be more careful.
Some of the most common Key West personal injury claims include:
Our clients do not pursue a personal injury claim because they are greedy. They do it because their injuries are real and severe, their medical bills are piling up and they are unable to work to support themselves and their families due to an incident that was at no fault of their own. For some, injuries are so severe they will suffer lasting effects for the rest of their lives. Accountability for those responsible - and deterrence for those who might do the same in the future - can also be powerful motivators.
It is a common misconception that Florida personal injury claims are easy money but that is not the case. Insurers, large corporations and defense lawyers - they know what they are doing. Many injured persons have settled for far less than they deserved because they had not yet spoken to a lawyer and did not realize what their claim was worth. The skill and experience of the Key West personal injury lawyer you choose to handle your case can make all the difference in how the next chapter of your life unfolds. With our help, success in pre-trial settlement negotiations or at trial can provide those affected with the means to start over.
Florida Personal Injury Law“Tort law” in Florida references any kind of civil case wherein the person who files the complaint, the plaintiff, seeks monetary compensation for damages they have suffered as a result of another’s wrongful action.
Guidelines for Florida tort actions - including personal injury lawsuits - are spelled out in F.S. Ch. 766-774, with most cases falling under the umbrella of Chapter 768 on Negligence.
Negligence is the failure to use appropriate and/or ethical care when a person or business had a responsibility to do so.
For example, all motorists have a duty to exercise reasonable care during the operation of a vehicle. That means obeying all traffic rules, but also simply being reasonably careful and alert. Failure to do so resulting in a crash can lead to a personal injury claim or lawsuit. Florida is a “no-fault” state when it comes to auto insurance, so claims against other drivers are only possible once your own personal injury protection insurance, known as PIP, is exhausted and you can show your injuries meet the statutory threshold of severity.
One advantage for plaintiffs in injury cases like these is that Florida is a “pure comparative fault” state. What that means is that even if you are partially at-fault for your own injuries, you can still collect damages from another party who was found responsible. In some other states, you cannot collect anything at all if you are found to be, even 1 percent at-fault. In others, you are barred from collecting damages if you are found half or more than half at-fault. In Florida, you can be 99 percent responsible for your own injuries, and still able to collect damages from the other party who was only found to be 1 percent responsible.
That said, if you are found partly at-fault, your damages will be proportionately reduced. For example, if a jury finds you 75 percent responsible for the crash that caused your injuries and you have incurred $100,000.00 in damages, you would only be entitled to collect $25,000.00 from the defendant(s). Obviously, it is in your best interest to have an experienced Key West injury attorney prepared to counter any evidence of your own wrongdoing to maximize your damage award.
However, you do not have forever to do it. The statute of limitations for most Florida injury lawsuits is four years, per F.S. 95.11(3). Typically, that will mean four years from the date you were injured. That might make it sound as if you have plenty of time but it is not in your best interest to wait. In fact, there are advantages to acting quickly, not the least of which is the preservation of evidence and clarity of witness memory. Additionally, there could factors that require you to act sooner. For instance, if a government agency is a possible defendant, F.S. 768.28 states, you only have three years in which to file. If your claim is a wrongful death or medical malpractice claim, you only have two years.
If you have been injured in Key West - whether you are a native “Conch” or a vacationer - the trusted legal team at The Garvin Injury Law can answer your questions, evaluate the viability of your claim and help you to pursue fair compensation.
Contact our Key West Personal Injury LawyersCall or email the Garvin Injury Law today for your free consultation. We have been successfully handling Monroe County injury and wrongful death cases in South Florida for more than 40 years.