Naples injury attorney

Published on: January 30, 2024

How to Hire a Florida Personal Injury Lawyer

South Florida personal injury lawyer Think you might need to hire a Florida personal injury lawyer but have no idea where to start?

Most Naples personal injury clients are folks with little-to-no experience in civil litigation, and this is a good thing as we all don’t want to hire lawyers unless we have to. Many of our clients are reeling from a horrible crash or devastating loss due to a medical mistake and unsure of their next steps. Very often doctors or insurance companies are not always helpful in encouraging people to seek legal counsel.

The good news is that an experienced Naples Florida personal injury lawyer can help you navigate the whole process from start-to-finish, sometimes without even stepping foot in a courtroom.

How Do I Find a Lawyer?

The internet is usually the first place people start nowadays when looking for a Florida personal injury lawyer.

You can start with a simple search of attorneys in your region who practice the type of law you need. For serious injuries, you may want to dig a little deeper.

Personal injury law falls under the general umbrella of “torts,” but there are actually several different types of personal injury claims. For example, injury due to a doctor’s error is going to fall under “medical malpractice law.” Injuries resulting from a dangerous or defective product or vehicle will be filed as “product liability” claims. If you’re injured as a result of a dangerous condition on someone else’s property, this is called “premises liability.”

You want to check for injury lawyers in the area with experience and success in handling cases just like yours. For this, you can specifically for a section on their website with detailed testimonials and/or case results. (You can also ask for this directly if you decide to meet with the attorney.)

It’s not a bad idea to check the ratings and reviews on Google, social media, and other platforms. These might not give you the whole story, but attorneys and/or law firms with a fair number of positive reviews are probably doing something right.

In Florida, you can also contact your local Bar Association for lawyer referral services. There are offices in Collier, Lee, Charlotte and Sarasota Counties.

What Does a South Florida Personal Injury Lawyer Need From Me?

Published on: June 23, 2022

Dangerous Exercise Equipment Can Lead to Serious Injury

by Leland Garvin

dangerous exercise equipment Naples injury lawyer Physical fitness hype – as well as exercise equipment purchases – soared the past few years, as Americans sought ways to get in shape while also spending more time at home. While cardio and lifting are undoubtedly good for your health, it’s worth pointing out that dangerous exercise equipment has been known to lead to serious injury, sometimes leading to regulatory interventions and lawsuits.

As our Naples injury lawyers can explain, the U.S. Consumer Product Safety Commission, which has regulated workout equipment since the 1990s, has in the last two decades issued more than 80 recalls of exercise equipment and collected millions in civil penalties. Some of these cases have been fairly recent. Among them:

A $7.95 million civil penalty against Cybex International, Inc. for failure to immediately report defects of two of its machines: The Arm Curl and Smith Press machines. The CPSC says each created an unreasonable risk of serious injuries. According to the agency, a weld on the Arm Curl machine can fail, causing the handle to unexpectedly separate and strike the user in the face. The company received 85 consumer reports of broken handles and serious injury – including one person who permanently lost their vision. Yet the manufacturer didn’t inform federal safety regulators, as required by law. Same with the more than two dozen reports the company received involving a weight bar on its press machines. Customers had been paralyzed and suffered spinal fractures when impacted by the bar, but the company didn’t issue a recall or even a notice to the CPSC. Eventually, the arm curl machine was recalled in 2015. The press machines were recalled three years later. Now, in addition to the CPSC’s civil penalties, the company – under new ownership – is enrolled in an enhanced safety compliance monitoring program.
A $6.5 million civil penalty against Core Health & Fitness LLC for failure to immediately report a defect creating an unreasonable risk of serious injury involving its Dual Adjustable Pulley Machines and Cable Cross Over Machines. According to federal product safety regulators, the fitness equipment manufacturer knew that the height-adjusting carriages on its machines had the ability to loosen and fall, potentially causing serious injury risk. The company had fielded 55 user injury reports pertaining to this issue – including nearly a dozen that resulted in lacerations to the head, some requiring staples or stitches. Yet the company didn’t turn this information over to safety officials, as required by law.
The popular Peloton Tread+ was recalled by the company last spring after the CPSC issued a warning following numerous instances where small children (and one pet) were injured after being trapped, pinned, and pulled under the rear roller of the machine. At the time of that warning, there were at least 39 incidents of it happening – and one child’s death. Consumers using the product in a home with children were urged to immediately stop using the device. Further, all objects – including exercise balls and other equipment – were urged to be kept away from the treadmills.

These are just a few of the recently-reported exercise accident incidents, injuries caused by dangerous or malfunctioning workout equipment are nothing new.

Who is Liable for Dangerous Exercise Equipment Injuries?

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 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

Published on: June 25, 2020

Factors That Can Affect Your Naples Personal Injury Lawsuit

by Leland Garvin

Naples injury lawsuit Success in a Naples personal injury lawsuit is going to depend on dozens of factors that are specific to your case. These can include the degree of the other person’s carelessness, what type of insurance you have, what pre-existing conditions you have, and whether there were complaints or verdicts against the defendant for similar conduct.

Some of these elements are more nuanced than they initially appear. That is why it is so important to consult with an injury attorney who has extensive experience handling tort claims before writing off your chances of winning.

Understand that personal injury attorneys in Florida accept these cases on a strict contingency fee basis, meaning they are not paid unless you prevail. That means injury attorneys have ample incentive to be frank about your chances of winning, and it helps to know some of the aspects they are considering. Continue reading