personal injury lawyer

Published on: September 21, 2022

Fort Myers Injury Lawyer Tips for Talking to Insurance Adjusters

Despite warm-and-fuzzy slogans such as “like a good neighbor” and “you’re in good hands,” insurance companies are not, in fact, looking out for your best interests. In fact, adjusters actively pursue every opportunity to minimize or deny claim payouts at every turn possible; most often they are looking out for their shareholders or the interests of the corporation. As Fort Myers injury lawyers, we’ve become closely familiar with all the ways in which insurance adjusters lull claimants into a false sense of security as they seek out the slightest inconsistency that may allow them to cite a coverage exemption or a reduction in payout.

On the other hand, Insurance companies do have a legal responsibility to act in good faith, per F.S. 624.155. Examples of bad faith insurance would be things like unnecessary delays on claims, misrepresentations of coverage, ambiguous policy exclusions, denying valid claims without just cause, or extremely lowballing payouts.

But even when insurers don’t cross the threshold of bad faith, they can still undermine your claim in a number of ways.

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: 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: December 10, 2020

What are Tort Claims? Key West Injury Lawyer FAQ

by Leland Garvin

Key West injury lawyer tort claims

If you have ever done a cursory search on filing a personal injury claim in Florida, there is a good chance somewhere along the way you ran across the phrase “tort claims.” But what is a tort?

As a Key West injury lawyer can explain, “tort” is a legal term for a personal injury caused by civil wrongs. The goal of tort law is to right the civil wrongs by “making whole” (to whatever extent possible) the person who has sustained injury, suffering, unfair loss, or some other harm caused by someone else’s careless, reckless or criminal action.

The goal in most Florida tort claims is to recover financial losses and possibly prevent the same type of situation from happening to someone else. Financial Damages can include lost wages, mental and physical pain and suffering, loss of life enjoyment, and medical bills. These are losses already incurred and those reasonably certain to occur in the future. Continue reading

Published on: November 25, 2020

Florida Personal Injury Lawyer on Avoiding Common Holiday Injuries

by Leland Garvin

Florida personal injury lawyer

It is the most wonderful time of the year – unless preparing for or partaking in it lands you in a hospital emergency room.

From ladder falls to parking lot pedestrian accidents, an experienced Florida personal injury lawyer knows all-too-well how life-altering these occurrences can be.

The U.S. Consumer Product Safety Commission reported that there were 18,400 reported injuries sustained by those decorating for the holidays in a single recent year. Many of these involved falls, often while hanging lights or other decorations from roofs or trees. Many suffered strains, sprains, and lacerations, but two died.

Further, the CPSC reported roughly 100 Christmas tree fires resulting in 10 deaths, 10 injuries, and $12 million in property loss. There are also 20 injuries caused by swallowing objects and dozens of burn injuries caused while cooking holiday meals.

On the road, injuries can result from drunk driving accidents caused by motorists over-imbibing at holiday parties. There are also pedestrian accidents at shopping centers, crosswalks, and other high foot traffic areas, often precipitated by distracted, rushed, or fatigued drivers.

Your health insurance may fully cover the costs of some of these injuries. However, if you are injuries are fairly serious, and someone’s negligence was at least partly to blame for what happened, you will want to consider talking to a Florida personal injury lawyer.

Published on: July 2, 2019

Sudden Return to Daubert Standard for Evidence by Florida Supreme Court

by Leland Garvin

The standard for expert evidence admissibility in Florida court cases – civil and criminal – has once again taken a sudden turn, eschewing longtime adherence to the “general acceptance” Frye standard for vetting scientific evidence in favor of the more stringent Daubert standard.

Fort Myers injury law firm In plain English: It just got harder for injured plaintiffs in Florida to win their cases. That makes having an experienced, skilled personal injury lawyer all the more essential.

After several years of fraught back-and-forth and lengthy debates centering on constitutional concerns, it appears with this decision, In re: Amendments to the Florida Evidence Code, No. SC19-107 (Fla. May 23, 2019), the Florida Supreme Court has settled the issue, reversing its own prior (sharply-divided) ruling from last year and joining the standard used in many other states and the federal government (the latter with Rule 702 of the Federal Rules of Evidence). Continue reading

Published on: April 15, 2019

$1M Florida Personal Injury Lawsuit Damage Cap Proposed by Lawmakers

by Leland Garvin

Florida lawmakers are seeking to limit the amount of non-economic damages that can be recovered by plaintiffs in personal injury lawsuits. Fort Myers personal injury lawyer

Specifically, HB 17 would impose a $1 million cap on payments made to injury claimants for intangible losses like pain and suffering, emotional anguish and loss of life enjoyment. While it’s true these losses are more subjective than things like medical bills or lost income, they are no less worthy of compensation.

As long-time Fort Myers personal injury lawyers, we know tort reform efforts like this are nothing new in Florida. Insurers and big corporations have lobbied intensely for them for decades. Proponents argue reform is necessary to keep consumers’ insurance rates in check and prevent frivolous claims and outrageous damage awards.