Florida Personal Injury Lawyer Blog

Published on: December 16, 2021

Do I Really Need a Lawyer for a Car Accident in Florida?

Naples car accident lawyer You’re going about a regular day when suddenly you’re blindsided in a Florida car accident. Traumatic and jarring, the experience may leave you bewildered about what to do next. Often, one of the first questions is, “Do I really need a lawyer?”

The answer depends on a myriad of factors. Let’s start with something we can say unequivocally: There is no law anywhere in Florida statutes that says you must hire a lawyer if you’re involved in a crash. However, there are numerous situations in which it would be prudent or even strongly advisable to do so.

Here, we offer the top three questions to ask before deciding if you should hire a car accident lawyer in Florida: Continue reading

Published on: December 8, 2021

Recovering Full Damages for Florida Spinal Cord Injuries

by Leland Garvin

Florida spinal cord injuries lawyer Whether from a fall or dive, violence, medical mistake or car accident, Florida spinal cord injuries can be utterly devastating. Such injuries can be catastrophic, permanently limiting one’s mobility, career options, recreational opportunities, relationships and more. But the question of whether or not to file a lawsuit depends on a host of factors best discussed with an experienced civil trial lawyer.

According to the National Spinal Cord Injury Statistical Center, more than 17,800 new spinal cord injuries are reported in the U.S. every year, and about 300,000 people are living with a spinal cord injury. The average age at the time of injury is 43. Top causes are motor vehicle accidents and falls, followed by violence, sports (including diving) and medical/surgical incidents.

Tragically, Southwest Florida is no stranger to spinal cord injury incidents, particularly those involving diving, given our close proximity to so many bodies of water. Late last year, a Georgia teenager suffered a spinal cord injury in Naples. According to the Atlanta Journal-Constitution, the victim, an 18-year-old competitive swimmer at Florida State University, dove from a boat into shallow water. She is now paralyzed from the chest down.

In that case, there was no immediate mention of potential litigation. As our Naples neck and back injury lawyers can explain, the question when determining lawsuit viability is whether negligence – by another individual, business or organization – legally caused the injury. To prove negligence, one must show the defendant owed a duty of care to the victim, breached that duty and as a result of that breach an injury ocured. Continue reading

Published on: December 1, 2021

How Florida Motorcycle Accident Liability is Determined

by Leland Garvin

South Florida Motorcycle Accident Nobody sets out for a ride anticipating a Florida motorcycle accident. But when it happens, it’s important to proceed cautiously to protect your legal rights.

Pursuing a claim for motorcycle injuries is slightly different than doing so in other types of crashes. That’s partly because injuries are likely to be more serious than the average crash. It’s also because motorcyclists in Florida are not required to purchase PIP (personal injury protection) coverage, the foundation of the state’s no-fault accident system. To ensure fair financial recovery, it’s important to talk to an injury attorney experienced in motorcycle injury cases.

By their very nature, motorcycles are less stable, less visible and less crash-worthy than passenger cars – despite their high-performance capabilities. When motorcyclists crash, they lack the protection of an enclosed vehicle, so they’re far more likely to be seriously injured or killed. Per vehicle miles traveled, motorcycle deaths are 27 times higher than car deaths.

No PIP in a Florida Motorcycle Accident Case

To receive compensation for a Florida motorcycle accident injury, it will be necessary for your Fort Myers motorcycle injury lawyer to help you determine who was at-fault. “Fault” is established by proving the operator/driver in question failed to use reasonable care when they had a duty to do so, in turn causing your injuries. Continue reading

Published on: November 24, 2021

Avoid Florida Drunk Driving Injury Risk This Thanksgiving

by Leland Garvin

drunk driving injury lawyer Thanksgiving is associated with tradition, togetherness and turkey. But among public safety officials, it’s well-known as one of the booziest and most dangerous holidays of the year. In fact, the night before Thanksgiving has been dubbed “Drinksgiving” or “Blackout Wednesday,” and is statistically aligned with a steep increase in alcohol-impaired driving and drunk driving injury. (There’s also the increasing popularity of “Danksgiving,” which involves an uptick in marijuana consumption, dangerous when those individuals get behind the wheel.) Crash and fatality rates have reportedly been higher than even New Year’s Eve, the Fourth of July, or St. Patrick’s Day.

As Fort Myers injury lawyers, we recognize there are a few reasons behind this troubling trend. Part of it is because there are so many more people on the road. AAA anticipates a return to pre-pandemic travel levels this holiday, with nearly 54 million people hitting the road – a 13 percent jump since last year, the biggest year-over-year climb since 2005. Three cities in Florida (Orlando, Tampa, and Fort Lauderdale) are listed in the Top 10 U.S. destinations for Thanksgiving 2021 holiday travel. In addition to that, many people have no work obligations during the long weekend, and folks are eager to return “home” to see family and friends. It’s also typically the first break college students have to return to their hometowns and catch up with their high school buddies – usually at local bars and clubs. Add to the mix this year that people are eager to shed COVID gathering restrictions, and it could be a recipe for particularly raucous reunions.

According to the National Safety Council, more than 415 people may die and another 47,500 may be seriously injured over the Thanksgiving holiday due to drunk driving. The agency’s predictions on drunk driving injury and death have historically been fairly accurate.

An analysis of National Highway Traffic Safety Administration data by ASecureLife revealed the states with the higher Thanksgiving holiday crash rates were in the South. The NHTSA reports that between 2015 and 2019, nearly 800 people died in alcohol-impaired crashes over the Thanksgiving holiday period. Over the 2019 Thanksgiving holiday period, there were more than four times as many alcohol-impaired crashes during the nighttime hours compared to during the day.

Who May Be Held Liable for Florida Drunk Driving Injuries, Wrongful Death Claims?

Published on: November 12, 2021

Florida Nursing Home Abuse, Neglect Despite 5-Star Ratings

by Leland Garvin

More than a decade ago, the federal government unveiled what was intended to be an invaluable tool to help people make what can be the most difficult choice of their lives: The nursing home to which they should entrust the care of a cherished elder loved one. The system used a simple 5-star rating, with one being the worst, and five the best. But has it actually led to better care and fewer instances of Florida nursing home abuse and neglect?

According to an in-depth investigation by The New York Times, the answer is: Unlikely. Reporters analyzed the underlying data that powers those databases and found it to be fundamentally flawed, providing a heavily distorted picture of the level of care offered at nursing homes across the country.

As our Florida nursing home abuse and neglect attorneys understand it, many of these nursing homes fudged self-reported data to government regulators (specifically, the U.S. Centers for Medicare & Medicaid Services). The CMS ratings system that is shared with consumers relies on a mixture of health inspector reports from on-site checks as well as self-reported data. Continue reading

Published on: November 3, 2021

Dangerous Home Elevators Prompt CPSC Warning to AirBnB, Vrbo, Other Vacation Rental Sites, Owners

by Leland Garvin

Florida elevator injury lawyer Dangerous home elevators in use at rental properties throughout Florida and across the country have sparked an urgent call from the U.S. Consumer Product Safety Commission for action by the vacation rental industry. At issue are gaps in the elevators that can pose a risk of serious physical injury and death, particularly for small children.

“These injuries and deaths are horrific, and we need the property owners and rental agencies to disable elevators immediately until they have been inspected,” wrote Acting CPSC Chairman Robert Adler.

Florida is a very popular spot for residential vacation rentals. According to one online platform, there are more than 215,000 Florida vacation homes for rent just on their site alone. The actual number of residential rentals is probably much higher, though it’s not clear how many of those sites have dangerous home elevators inside them.

The reported risk with residential elevators is that occupants can be fatally crushed in a space that exists sometimes between doors. As our Florida elevator injury attorneys can explain, with a deep gap between the outside door and the inside door, a child can go in, close the outside door without opening the inside door. They then get entrapped between the two. If the elevator moves, it’s going to have tragic consequences. A 2019 investigation by The Washington Post indicated more than a half million residential elevators in the U.S. pose a risk.

As Fort Myers injury attorneys, we recognize this is not the first thing people want to picture when planning a getaway. Given the seriousness of the risk, however, vacationers as well as property owners must take the CPSC warning seriously. Continue reading

Published on: October 27, 2021

Naples Injury Attorney Explains Accident Report Privilege in Florida Crash Cases

by Leland Garvin

Naples injury attorney

Florida law requires that police be called when a motor vehicle crash occurs. The investigating officer will arrive and be tasked with documenting the scene, interviewing witnesses and preparing a crash report.

At the same time, the Fifth Amendment to the U.S. Constitution guarantees those accused of crimes the right to refuse to answer questions that could be used against them in a criminal proceeding. To prevent a possible constitutional violation, Florida law has carved out something called accident report privilege (which is not exactly a privilege, but more on that later). Basically, statements made to an investigating officer for purposes of completing the crash report can’t be used in criminal proceedings OR a civil injury lawsuit.

As a Naples injury attorney can explain, there are a lot of different reasons for this protection – constitutional and otherwise. But it’s important to note because it could have a negative (or positive) impact on your ability to recover damages from the at-fault driver. The good news is that if you work with an experienced attorney, he or she can usually obtain that same information elsewhere – especially when the details can still be gleaned during the discovery process. Continue reading

Published on: October 20, 2021

Naples Accident Lawyer On Product Liability Claims in Crash Cases

by Leland Garvin

Nothing is more devastating than the wrongful death of a child. As a longtime Naples accident lawyer, I’m unfortunately all-too-aware that motor vehicle crashes are a leading cause of child deaths in the U.S. I also know most of these deaths are preventable – not only by the drivers involved but sometimes by auto manufacturers who fail to ensure the vehicles they sell are safe.

Car accident lawsuits against the makers of vehicles are a type of product liability claim. These are injury lawsuits, but rather requiring proof of negligence (the standard in a typical car accident case), Florida product liability claims are generally pursued under a legal theory called strict liability. This requires plaintiffs to show the product was unreasonably dangerous as designed or because of a manufacturing defect or because the warnings/instructions were insufficient.

When Vehicles Are Dangerously Manufactured, Designed

Published on: October 13, 2021

Injured on South Florida Vacation – Where Do I Hire an Injury Attorney?

by Leland Garvin

Key West injury attorney Millions of people every year seek a sunny respite in South Florida, visiting places like Miami, Key West, Naples, Sarasota, and Fort Myers. While Florida is as safe as any other state in many respects, there are some higher risk areas on the roads, at some resorts and, of course, in the waters. Although you might purchase insurance on flights or hotel stays, those usually only cover losses from delays, cancellations, or theft. If you’re seriously hurt while on vacation in South Florida, you will need to work with a local injury attorney who can handle your claim for damages.

As a Fort Myers tourist injury attorney, I help people from all over obtain financial compensation for the injuries they sustained here on vacation due to someone else’s negligence.

Some examples of South Florida tourist injuries in recent months:

Just recently, a woman and her adult son from South Carolina were killed in a Florida crash when the car they were in collided with a flat-bed tractor-trailer at an intersection that had an inoperative traffic light, according to the AP. The adult son’s wife and two young children, who were also in the vehicle, were injured but survived.
Earlier this year, a tourist from Mexico was seriously injured in a Naples hit-and-run car accident while she was bicycling. She was badly hurt, and returned to Mexico for treatment of her injuries. Although police initially closed the case for lack of evidence, an injury lawyer she hired obtained additional evidence (surveillance video from a nearby business) that resulted in law enforcement re-opening the investigation.
Last year, an Indiana couple filed a $100 million Florida injury lawsuit against a boat operator who was allegedly drunk when he caused a South Florida boating accident resulting in the woman suffering a serious, lifelong traumatic brain injury.

Accidents that occur while you’re on vacation in Florida can lead to serious injuries. In addition to crashes, bicycle accidents and boating injuries, tourist injuries can stem from:

Swimming pool accidents.
Amusement park accidents.
Hotel injuries.
Parasailing injuries.
Festival and concert injuries.
Trade show and convention injuries.
Sexual assaults and other violent attacks.

There are several things you can do immediately after an incident (if you’re able) to preserve your chances of recovering full financial compensation for your losses. These include:

Seeking immediate medical attention.
Reporting the incident to local police and/or premises owner/manager.
Documenting the scene with photos/videos.
Collecting witness information (names, phone numbers, addresses of people who saw what happened).
Seeking legal representation.

If you’re not able to do these things, it doesn’t mean you don’t have a case. It does mean you’d be wise to seek legal counsel as soon as possible.

Published on: October 6, 2021

Naples Injury Lawyer Insight: Compulsory Medical Exams

by Leland Garvin

Most people who file damage claims for personal injuries from a car accident, slip-and-fall or some other incident won’t have to worry about the prospect of a compulsory medical exam. As a Naples injury lawyer can tell you though, this changes if you actually file a lawsuit.

A compulsory medical exam (sometimes referred to as a “CME”) is a medical examination of a plaintiff or defendant in a personal injury lawsuit at the request of the other party (usually of the plaintiff at the request of the defense). Per Rule 1.360 of the Florida Rules of Civil Procedure, parties to personal injury lawsuits have the right to request an examination when “the condition of the subject in question is in controversy.” In other words, the other party is asserting doubt about whether the injury in question is as severe as one claims. An “independent” doctor is called upon to conduct their own medical exam and put forth their conclusions.

We put the word “independent” in quotations because the choice of medical examiner typically rests with the requesting party, who must establish to the court that they have “good cause” for the request.

The reason most injury claimants needn’t worry about this is because most Florida personal injury claims are resolved in settlement negotiations – without the need for a lawsuit or long before a trial begins. But even if your case does not ultimately go to trial, preparing for one may require you to undergo a CME. An experienced Naples injury lawyer can tell you what to expect and what you need to know. Continue reading