Published on:

One of the top concerns an injury lawyer hears upon meeting with prospective clients is: How much will this cost me?

Most who have suffered a serious personal injury are hurting financially as well as physically – which is why they’re seeking compensation from the at-fault party  in the first place.Fort Myers injury lawyer

The good news is that with personal injury litigation, you won’t need to pay upfront. In fact, you won’t pay any attorney fees at all unless you win.

Published on:

It’s imperative when you take a personal injury case to court that you are not only doing so in the appropriate jurisdiction, but that you are applying the correct laws. Although it comes as a surprise to some, just because a case is litigated in Florida doesn’t necessarily mean Florida law should be applied.car accident lawyer

Generally, Florida law is applied to cases litigated in Florida. However, if an argument can be raised under the Choice of Law doctrine, the court can decide to choose to conduct a choice of law analysis.

As our Fort Myers car accident lawyers can explain, this can have a major impact on the proof burden or the remedies to which one is entitled. Some state standards are more relaxed, others more stringent. Sometimes, it’s federal law that must be applied. It’s necessary early on in each case to ascertain the appropriate jurisdiction – and choice of law – applied to all or any aspect of the case. Continue reading

Published on:

Not a month – or sometimes week – passes in Lee County where there isn’t a serious or fatal motorcycle accident. Florida in general has some of the most dangerous roads in the country – more than once noted by federal traffic safety regulators to have more deadly motorcycle crashes than anywhere else in the country.motorcycle accident lawyer

Because of their vulnerability in being openly exposed to the roadway, fixed objects and other vehicles, motorcyclists are 28 times more likely to die when they’re involved in a crash than occupants of passenger vehicles, according to the Governors’ Highway Safety Association.

By their very nature, motorcycles are less crash-worthy than closed vehicles. They are also less visible to other motorists and offer less stability than four-wheeled passenger vehicles. Further, motorcyclists and any passengers they carry are more vulnerable and exposed to the elements and road conditions than the average driver. This is why operating a motorcycle needs some combination of both physical and mental skills – and special licensing. Continue reading

Published on:

Cape Coral drunk driving injury lawyerAn alleged drunk driver who fled from the scene of a deadly crash in Sarasota this spring was arrested on charges related to the crash, including DUI manslaughter and leaving the scene of crash with death and serious bodily injury, as well as unrelated drug trafficking charges.

Authorities believe alcohol was a key factor in the crash, which killed a 70-year-old woman and critically injured her infant grandson. The driver suspected of DUI, as well as another motorist, sustained minor injuries.

As our Cape Coral DUI wrongful death lawyers can explain, criminal charges aren’t the only course of legal action available to victims of DUI accidents.
Published on:

Cape Coral pedestrian accidentFirst, the good news: The Cape-Coral-Fort Myers metro area is no longer ranked No. 1 as the most dangerous place to walk along the roadside. But cause for celebration is tempered, as our Cape Coral pedestrian accident attorneys can explain because this area still ranks No. 8 out of 20. Further, 8 of the top 10 most dangerous communities are in Florida. Nine of the top 10 were in the Southern U.S.

The latest Dangerous by Design report from Smart Growth America reveals that nearly 50,000 pedestrians were struck and killed by motor vehicles in the decade prior to 2017. Of those, more than 11 percent – 5,433 – happened in Florida (home to 6.7 percent of the U.S. population), with nearly 148 of them in Lee County alone.

Smart Growth America has been indexing pedestrian danger for years, and Florida’s roads have always been perilous. The Pedestrian Danger Index (PDI) factors how many pedestrians were killed by drivers, weighted against the population of each metro area and the percentage of people who commute to work on foot. Continue reading

Published on:

Florida truck accidentsA spate of serious and fatal Florida truck accidents has drawn attention to the fact that such collisions are on the rise – here and across the country, prompting safety officials and trucking carriers to weigh possible solutions.

State and federal crash data show that large semi-trucks are a substantial part of the reason Florida drivers face so much danger on thoroughfares like I-75.

In a single recent year, there were more than 4,300 large truck accidents just in Florida alone – more than 70 percent of those being the occupants of other vehicles, thanks to the size disparity between semis and passenger cars. In 2017, there were nearly 32,000 large truck crashes in the U.S.

As our Fort Myers truck accident lawyers can explain, part of making our roads safer in the face of increasing commercial truck presence is holding accountable the drivers, trucking carriers, shippers and other parties responsible when their negligence causes or contributes to the seriousness of a crash.

Sometimes, that accountability happens in criminal court. That’s the case in North Fort Myers, where a commercial truck driver ran a red light and killed another motorist, age 61, in June. Now, the 31-year-old trucker has been charged with reckless driving and vehicular homicide.

However, change can also come about from civil damage awards. Although civil cases, in general, are intended to be compensatory and not punitive, the damage awards in these cases are a proven incentive for trucking companies to adhere to federal regulations – in some cases, taking initiative to take additional safety precautions in the future. Continue reading

Published on:

In its dogged push for e-commerce dominance, tech firm Amazon.com, Inc. has spent years building a massive logistics empire, all on the promise of getting your stuff to your door in as little time as possible. It’s fast, reliable – and all-too-often deadly. Amazon delivery accidents are increasingly common not only because the company is ubiquitous, but its drivers are rushed and under intense pressure.

Fort Myers Amazon delivery accidentsAmazon is a $1 trillion company, the founder’s net worth climbing by some $260 million daily, but according to a recent co-report by The New York Times and ProPublica, the company has been less-than-generous in covering the human costs associated with Amazon delivery accidents.

Part of what makes establishing liability so difficult is the fact that Amazon, in an effort to reduce any dependence on long-time carriers like UPS, has forged a vast network of independent contractors, each supplying their own vehicles and drivers. On the one hand, this does allow the firm to shrink and expand its delivery forces as necessary, with the added bonus of avoiding payment of benefits and workers’ compensation when injuries occur.

Published on:

Tort reform advocates are once again beating the same old drum, insisting that if Florida would only lower its litigation costs, auto insurers could lower their rates for the rest of us.

personal injury lawyer

Cape Coral car accident lawyers know the main problem with this line of reasoning is it doesn’t hold up under scrutiny.

As one auto insurance lobbyist testified not long ago, “It’s a misnomer to ever really believe that your rates are going to go down. There are so many pressures for it to go up: Medical costs continue to go up, the cost of the vehicle continues to go up, the amount of wages that you have to compensate for continues to go up. So maybe what you do is slow the rate of rise.”

Even that is a pretty big “maybe.” More than likely, what happens is insurance firms and other large corporations benefit, while those most seriously injured receive less compensation. Continue reading

Published on:

It was the young family’s ritual every weeknight evening to go for a bicycle ride after dinner, strapping their baby girl in an approved safety seat before riding through their Central Florida neighborhood sidewalks. It helped lull the 18-month-old to sleep and gave mom and dad the chance to connect and stay active. But the last time they headed out for a ride three months ago would be the last time they would all be together.childbicycle-200x300

A horrific Florida bicycle accident, allegedly caused by an uninsured, impaired driver who jumped the curb, resulted in the girl’s death. Her father remains in a coma with severe brain trauma. The girl’s mother suffered a broken back and leg and struggles to walk.

Florida is among the most dangerous places in the U.S. to ride a bicycle – and our Cape Coral bicycle accident attorneys know it’s been that way for years. Most roadways were built with maximum speed and motor vehicle traffic in mind. Few are equipped with bicycle lanes. Drivers are distracted (increasingly by smartphones), impaired or fatigued, and we have a densely-packed population. And bicyclists are among the most vulnerable road users. When they collide with cars – no matter who was at fault – it’s the person on a bicycle who is always injured worst. Continue reading

Published on:

“Every week it seems there’s a report of an accident between pedestrians and trains,” noted the Miami Herald in a recent story.

Fort Myers injury lawyerFort Myers personal injury lawyers know that “trains” aren’t typically the first thing that comes to mind when we talk “crashes.” However, a recent four-year review of data from the Federal Railroad Administration revealed that Florida is No. 6 among states with the most railroad crossing deaths in the nation.

From 2014 to 2018, more than 460 railroad accidents. Of those:

Justia Lawyer Rating for Jeffrey R. Garvin
Florida Legal Elite 2016
Super Lawyers
Million Dollar Advocates Forum
The Best Lawyers in America
Martindale-Hubbell
American Association for Justice
Florida Justice Association
Contact Information