Fort Myers personal injury lawyer

Published on: August 28, 2024

Proving Proximate Cause in a Fort Myers Personal Injury Claim

Fort Myers personal injury lawyer doctor examines broken leg In Fort Myers personal injury cases, proving proximate is key.

Causation generally is a key element in any personal injury claim. Injury cases mostly stem from allegations of negligence. To prove general negligence, we have to show the defendant owed our client a duty of care, they failed to use reasonable care, and that failure caused our client’s injuries. Causation is the crux of what connects the conduct of the defendant to the injuries of the plaintiff.

If the defense can prove something else was a greater factor in causing the plaintiff’s injuries, they’ll likely win the case – no matter how egregious their fault or how serious a plaintiff’s injuries. To prove causation, we have to show that but for the defendant’s actions, the harm would not have occurred.

Definition of Proximate Cause

So what is proximate cause?

Fort Myers personal injury lawyers use this term to assert that the defendant is legally responsible for our client’s injuries because their actions were either a substantial factor causing the harm AND/OR, the harm caused was a natural and foreseeable consequence of the defendant’s actions.

That doesn’t mean the defendant’s actions were the sole cause. Sometimes injuries have multiple causes. But the proximate cause is the one that we aim to prove when we’re pursuing a case for legal (financial) responsibility for the resulting harm. Continue reading

Published on: June 4, 2024

In Fort Myers Slip-and-Fall Lawsuits, Witness Statements May Be Key

by Leland Garvin

Fort Myers slip and fall lawyer Witnesses can play a pivotal role in any Florida personal injury case – and that includes Fort Myers slip-and-fall lawsuits (also known as Premises Liability lawsuits). Sometimes with the ubiquitous presence of security and cell phone cameras, it’s easy to forget that the firsthand accounts of other people can be invaluable in helping us reconstruct what happened and who was at-fault.

Even with video evidence, some of the strategic reasons Fort Myers slip-and-fall injury attorneys will present witness testimony of an incident:

Corroboration. A witness – particularly one that has no connection to the plaintiff/injured person – can back up the plaintiff’s story. This not only bolsters the plaintiff’s credibility, but also strengthens their case by providing additional evidence of the defendant’s negligence. Judges and jurors are going to be more convinced of the testimony you’re providing if multiple other witnesses are consistently saying the same thing.
Observations you may have missed. When a person is seriously injured, their focus in that moment can sometimes narrow to the pain point. This might cause them to miss key bits of information that might prove crucial to the case. Witnesses can help fill in the blanks.
Establishing actual or constructive knowledge. Florida slip-and-fall claims aren’t easy to win. F.S. 768.0755, Florida’s slip-and-fall statute, requires evidence that the defendant/property owner had actual or constructive knowledge of a dangerous condition on site and failed to take action to remedy it. It should noted that this statute affects only cases when a transitory foreign substance is involved- The witnesses are sometimes even employees of the defendant – sometimes provide this evidence by detailing their actual knowledge of the hazard (ex: “I saw the spill and told my manager, but nothing was done to fix it or warn customers”) or testimony that the condition had existed for some time or occurred with regularity (thereby establishing constructive knowledge).

To be useful in a Fort Myers slip-and-fall case, eyewitness testimony needs to come from a person with firsthand knowledge of relevant events, a good memory, a consistent story and decent credibility. They must also be willing to testify in court. While written statements can be helpful to your lawyer’s investigation, they may be considered inadmissible in court as hearsay without the witness’s willingness to swear to it under oath.

Recent Florida Slip-and-Fall Case Underscores Importance of Witness Testimony

Published on: March 13, 2024

What Factors Can Affect Damages in Fort Myers Personal Injury Cases?

by Leland Garvin

One of the first questions a lot of people ask when they’re first considering filing a Fort Myers personal injury lawsuit is, “What is my case worth?”

In legal terms, we would phrase “the amount owed” as “damages.”

To answer this question, your Fort Myers personal injury lawyer would certainly start by examining the type of injury, who was at fault, how much you’ve racked up in medical bills, and the wages you’ve lost while you’ve had to take off work to recover. Determining the full scope of damages can quickly get complicated.

That’s partially because not every loss is tangible. You may be entitled to compensation for your physical pain and suffering or even for the emotional anguish you went through as a result of the incident. Those things aren’t easily measurable in dollars and cents (even if that’s how they’re ultimately paid).

Other factors that must be considered:

The type and severity of injury.

Minor injuries shouldn’t be dismissed, of course. But the reality is that unless your injury landed you in the hospital, resulted in a permanent injury, significant loss of function, permanent scarring, and/or forced time away from work, it’s unlikely to result in a significant settlement without the hiring of a skilled personal injury attorney.

If you are in a car accident in Florida, you actually can’t step outside the no-fault system to pursue damages against the at-fault driver unless the extent of your injuries meets or exceeds the serious injury threshold, as outlined in F.S. 627.737. This requires evidence that your injury consisted of a significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, permanent injury within a reasonable degree of medical probability, or death.

However, this same rule won’t apply to motorcycle injury victims because they do not carry the no-fault personal injury protection (PIP) insurance. So again, the type of injury can impact how your case proceeds and how much it’s worth.

It’s also worth pointing out that certain types of cases may be more difficult/complicated to successfully pursue. For instance, a case of medical malpractice or product liability is going to require more resources, expertise, expert witnesses, attorney time, etc. They may also yield higher damage awards as there will likely be more recoverable assets/insurance coverage, but all of this will be weighed in determining the value of a case. Continue reading

Published on: December 13, 2023

5 Must-Know Facts About Florida Personal Injury Law

by Leland Garvin

Florida personal injury law explained by Fort Myers injury law firm

The first introduction many people have to Florida personal injury law is when they find themselves injured and in need of an attorney or being sued. Especially for an injured party emerging from the traumatic fog of that experience and still healing, it can feel overwhelming trying to follow along with the intricacies of the vocabulary, statutes, timelines, court procedures, etc.

Here, our Fort Myers personal injury lawyers offer up 6 facts about Florida personal injury law that we find are most relevant to the plaintiffs, who are our clients in these cases.

1. No-Fault Laws Don’t Absolve Anyone From Liability in a Car Accident.

There’s a common misconception that Florida’s no-fault car insurance law, F.S. 627.736, means that there is no finding of fault in car accident cases. This is false. What is true is that with the personal injury protection (PIP) coverage that is required of all registered vehicles in Florida, up to $10,000 in damages can be paid to the policyholder for things like medical bills and lost wages – and this is paid regardless of fault. However, as you likely already know, $10,000 is nowhere near enough to cover one’s losses in a crash, especially if the injuries are serious.

According to the National Safety Council, the average economic cost of a disabling car accident in 2021 is $155,000. That includes wage and productivity losses, medical expenses, property damage, and uninsured costs for employers. The average cost of a fatal crash is $1.8 million. Even in cases where injury is “possible but not evident,” the cost was $24,000 – 150% more than what PIP covers.

Florida’s no-fault law just means you need to go to your PIP insurer first. If your injuries meet the “serious injury threshold,” you can step outside of that system and take legal action against the at-fault drivers.

2. Florida Now has a 2-Year Statute of Limitations.

Published on: November 27, 2023

“Can the Defense in My Fort Myers Injury Lawsuit Spy on Me?”

by Leland Garvin

Fort Myers injury lawsuit spying by defense The uneasy feeling of being covertly watched is one that’s inspired more than a few catchy songs, but you should know it’s a possibility if you’re the plaintiff in a Fort Myers personal injury lawsuit.

Whether we’re talking about a matter of medical malpractice, a car accident injury, or a dangerous product case, there’s nothing in Florida law that will technically block the defendant from conducting some type of surveillance on you. In fact, you should probably expect it. In personal injury cases, the goal of “spying” is to rebut damage claims. Florida courts have generally held that because of the public interest in exposing fraudulent personal injury claims, plaintiffs can anticipate that a “reasonable” investigation is likely to include independent verification of their injuries.

But that doesn’t mean your privacy goes out the window. By working with a Fort Myers injury lawyer, you’ll get a much better sense of what these investigators are likely to look for and ways you can shield your privacy. We will help ensure that your rights are protected, and injury case defendants won’t get away with playing dirty.

What Are the Surveillance Rules in a Florida Injury Lawsuit?

Fairly common surveillance tactics in Florida injury lawsuits:

Monitoring your social media pages to see what sort of activities you’re up to. They may scour the posts and pictures for clues about not only your physical capabilities, but your mental/emotional state – which can be a significant component of damages in a Fort Myers injury lawsuit.
They might have an investigator post up to watch/record you as you leave your home, enter your place of employment, or carry on with daily activities.
They might request surveillance footage of local businesses or government agencies that might show you moving throughout a typical day – grocery shopping and lifting bags, walking through the park with a backpack on, unloading items from your vehicle at a local print shop, etc.

However, this “spying” is not without limitation. Continue reading

Published on: May 11, 2023

How a Florida Hospital Lien May Impact Your Fort Myers Personal Injury Lawsuit

by Leland Garvin

Medical bills are one of the central claims filed in virtually any Fort Myers personal injury lawsuit. But if you don’t have health insurance (or enough health insurance) while your personal injury claim is pending, you could well find yourself with something called a hospital lien.

As our Southwest Florida personal injury lawyers can explain, a hospital lien – sometimes called a medical lien – is basically when a healthcare provider is granted payment rights for services rendered to a patient with a pending personal injury case. This seems fair enough: You get treatment at the hospital after a car accident, file a personal injury lawsuit against the at-fault driver, and providers are ultimately paid from the amount collected in that case. (You likely even signed discharge paperwork granting them permission to send in a claim against any court-awarded costs to pay medical debts related to your treatment.)

Where it can get a bit dicey is in determinations about how much is “reasonable.” Healthcare providers may have one idea about what’s “reasonable,” and the auto insurer(s) involved may have quite another. It’s a major issue because, in the Sunshine State, hospital liens are often given priority over any and all other recoverable damages – including lost wages, pain, and suffering, etc. That means they may argue that they are first in line when it comes to getting paid.

Who can you trust to advocate for you during these negotiations? Your Fort Myers personal injury lawyer’s at Garvin Injury Law. Not only do we understand what is considered reasonable for services rendered, we know what insurers are likely to agree on and whether the injured party may face challenges in actually collecting that sum. We’re also skilled in negotiating with hospitals and other healthcare providers on this front.

Also worth noting: Florida does it a bit differently than other states. While most other places have a single hospital lien statute, Florida allows each county to enact its own hospital lien statutes. (The state used to have a single health care lien law, but it was deemed unconstitutional in the 2012 Florida Supreme Court ruling in Shands Teaching Hosp. & Clinics, Inc. v. Mercury Ins. Co. of Fla.) What this ultimately means is there can be a big difference between when you might expect in Monroe County or Collier County versus what you might expect in Lee County or Sarasota County. Some counties don’t allow medical liens at all, while some do require they be filed in short order. Continue reading

Published on: May 2, 2023

Fort Myers Personal Injury Lawyer Insight for Tourists in Florida Car Accidents

by Leland Garvin

The plan was a sun-soaked, fun-filled getaway in sublime Southwest Florida. What happened was a Florida car accident. As longtime Fort Myers personal injury lawyers, we recognize there are unique concerns when visitors and vacationers from out-of-town are involved in a Florida crash. There are logistical challenges, often higher expenses, insurance questions, and uncertainty as to the full scope of your rights.

It’s important for injured tourists and vacationers to seek legal advice and representation from a local injury attorney. While there are many factors that can play into the question of jurisdiction in civil cases, personal injury claims stemming from car accidents are most often handled in the court system where the crash occurred, also known as “venue”. So if the collision happened in Fort Myers, it’s probably going to be a Fort Myers personal injury lawyer who will be the best qualified to act as your advocate – particularly if the matter gets to the point of needing to file a lawsuit.

Many civil claims stemming from Florida car accidents can be resolved without litigation. But there are complications when one of those involved isn’t a Florida resident because the Sunshine State has unique statutes pertaining to auto insurance. Florida is a no-fault state when it comes to crashes, which means all motorists (save for motorcyclists) should be covered by their own personal injury protection (PIP) coverage up to $10,000. It’s only if crash victims’ injuries meet the statutory threshold of severity outlined in F.S. 627.737 that they can step outside that no-fault system and pursue damages from at-fault parties. But tourists from other states or countries may not be required to carry PIP. What happens to them?

Questions like this are why it’s important to work with a local Fort Myers personal injury lawyer post-crash – even if you weren’t seriously hurt. It can help make for much smoother negotiations with insurers.

Notable Florida Car Accident Statistics

Florida is known for being a tourism hot spot. The University of Central Florida reports there were nearly 138 million total visitors to Florida in 2022 – a 13 percent increase from the year before. Most of those are from other states, but about 7 million are from overseas and 2.8 million from Canada. Not every single tourist is driving, but many are – and this contributes not only to the number of annual car accidents, but also the complications that can arise when non-residents are involved in crashes.

The Florida Department of Highway Safety and Motor Vehicles reports there were nearly 392,000 total Florida car accidents last year, resulting in nearly 3,500 deaths and 250,000 injuries.

Just in Lee County alone in 2022, there were:

15,282 reported crashes
135 fatal accidents, resulting in 125 deaths
8,847 crash-related injuries reported in 5,831 accidents
319 bicycle accidents reported, 0 of which resulted in deaths
333 motorcycle accidents, in which 29 people on motorcycles died
334 pedestrian accidents reported, with 33 people killed in those
4,191 hit-and-run crashes reported – in which 11 people died and nearly 800 were injured

The first thing anyone – Florida resident or not – should do after a Florida car accident is seek medical attention. If you’re in a position to do so, exchange contact and insurance information with the other motorist. Take their name, phone number, address, license plate number, insurance policy number and carrier, and jot down the make/model/color of their vehicle. Take photographs of your vehicles, the scene, any injuries. Report the accident to authorities, as well as your own auto insurer. If your injuries require a trip to the hospital (or worse), it’s a good idea to reach out to a local injury lawyer. At the very least, this will give you an idea of what to expect and on what issues specific to your case local legal advice may be beneficial.

Challenges for Non-Residents Injured in Florida Crashes

Common questions relating to challenges of non-Floridians injured in a car accident in Florida: Continue reading

Published on: April 14, 2023

Florida Injury Lawsuits: Tougher to File, Win & Payout with Passing of the New Insurance Bill

by Leland Garvin

Once again, tort reform has made it tougher for victims of Florida car accidents to sue and collect fair damages for their losses. In order to get this passed the legislature has inaccurately pointed the finger at the allegation of frivolous Florida injury lawsuits and sky-high compensation payouts as the cause of high customer insurance premiums.

Reality check: Insurers are doing just fine. They even contributed $7 plus million to Florida politicians last year. Furthermore, the amount of insurance premiums paid by customers has little to do with accident claim payouts. It has a lot more to do with insurer profit margins.

Time and again, we’ve seen legislation enacted that makes it harder to sue and collect fair compensation against negligent motorists, businesses, and doctors – but fails to lower insurance premiums. Take for instance the Florida law passed in 2003 to limit medical malpractice pain-and-suffering damage payouts. At the time, state lawmakers insisted there was a “crisis” facing medical malpractice insurers that forced the industry to charge doctors super high premiums, to the point doctors had no choice but to relocate their practices out-of-state. This was all justified by basically arguing that greedy patients and plaintiff lawyers were exploiting medical malpractice insurance for big bucks. In a 2014 overturning of those damage caps, the Florida Supreme Court blasted lawmakers for their initial reasons for passing the law – while also noting it never made a dent in doctors’ insurance bills. In Estate of McCall v. U.S., the Court called the lawmakers’ justifications “arbitrary” and “irrational,” and an “offense to the fundamental notion of equal justice under the law.” In that 5-2 opinion, the court noted the effect of saving a modest amount for many meant imposing devastating costs on the few – namely those catastrophically injured. “If there ever was an alleged medical malpractice crisis” in the first place, the Court remarked skeptically in its reversal, there wasn’t one anymore.

But state lawmakers haven’t stopped trying to use this as a justification for ongoing efforts to make life easier for insurers. In the years since, they’ve continued pressing measures reducing both liability and damage awards for dangerous property conditions, car accidents, and work injuries. They’ve also targeted payouts from life and health insurance.

Now, proponents of this new law have promised that it will help eliminate the so-called “tort tax” imposed on citizens – something that doesn’t actually exist.

As you can imagine, our Fort Myers personal injury lawyers are among the many trial lawyers who strongly opposed this legislation. We believe that these new laws will disenfranchise people who have suffered serious injuries because of someone else’s wrongdoing. It’s not just lawyers, though. Other vocal opponents include doctors, bicyclists, and previous car accident victims – many of whom showed up in significant numbers at state committee hearings on the issue.

What Exactly Will this the Law Do?

The legislation – House Bill 837 and Senate Bill 236 – has made it more difficult to file, win, and fairly collect on well-founded Florida injury lawsuits. These bills were fast-tracked by lawmakers and quickly signed into law by Governor Desantis.
Continue reading

Published on: February 9, 2022

Differences Between Florida Personal Injury and Wrongful Death Cases

by Leland Garvin

Southwest Florida personal injury lawyer When it comes to civil litigation, there are many similarities and differences between Florida personal injury and wrongful death cases. As longtime South Florida injury attorneys, we will do our best to explain some of these – and why they matter.

Let’s start with some of the ways in which personal injury cases and wrongful death cases are analogous. To start, they are both torts, which are claims stemming from a wrongful act that resulted in legal liability. They can result from the same types of accidents, including:

Car accidents.
Slip, trip and fall accidents.
Medical malpractice.
Dangerous/defective products.
Dangerous property/premises liability.
Nursing home neglect and abuse.
Workplace accidents.

Both are claims for which civil litigants can pursue damages (financial compensation for losses). Further, both have a set period of time in which they can be filed, called a statute of limitations.

But there are numerous key differences, namely who files the claim, what type of damages they can collect and how much time they have to pursue it. Continue reading

Published on: September 30, 2020

6 Factors Impacting Your Fort Myers Personal Injury Lawsuit Timeline

by Leland Garvin

Fort Myers personal injury lawsuit

Aside from how much money a case is worth, Fort Myers personal injury lawsuit plaintiffs often want to know how long their case will take to resolve. Most are not thrilled to hear the ever-popular lawyer answer: It depends. But the truth is that determining how long a case will take to resolve can be more of an art than a science. First, know that settlements can often be preferable to litigation. They take less time and tend to use fewer resources. You may never even need to file a lawsuit if your injury attorney can successfully negotiate a fair resolution with the insurer(s) involved. While this is oversimplified for purposes of making this a brief blog post; for a settlement to be reached, both sides need to agree on two main issues: Liability and fair value.

Liability refers to which party is legally responsible for paying. Florida follows a system of “pure comparative fault,” essentially meaning a plaintiff (the person filing the case) could be 99 percent liable – and still collect the remaining 1 percent of damages from the other at-fault party. However, your damage award is going to be proportionately reduced by your degree of fault. So if you are 40 percent liable, your total damages will be reduced by 40 percent.

Fair value refers to how much your case is reasonably worth in light of the severity of your injuries, how much physical pain you suffered, the totality of your medical expenses (past and future), the time you had to take off work, the impact to your future wage-earning capabilities and the extent to which this has impacted your personal life. Understand that for cases involving serious injuries, it is probably impossible to resolve in less than a few months because it is going to take at least that long (usually longer) to accurately determine the full severity of your injuries, the long-term estimate of future medical expenses and how these injuries are going to impact the rest of your life.

It should go without saying that you or your attorney will need to prove causation, that is that the injury for which you are seeking “fair value” was actually caused by (or made worse as a result of) the crash or incident. This is an often contested area as many of us have some evidence of the natural aging process going on in our body at a time that we may become injured.

Needless to say, there can be more than a few points of disagreement. When those differences cannot be resolved, cases end up going to trial.