Cape Coral personal injury lawyer

Published on: May 12, 2025

What to Do If You’re Hit by an Uninsured Driver in Cape Coral

Being involved in a serious car accident is stressful enough. Finding out the other driver doesn’t have insurance can make a difficult situation even worse. If you’re hit by an uninsured driver in Cape Coral, the personal injury lawyers at Garvin Injury Law can help you explore all possible avenues for monetary compensation.

Florida’s Insurance Requirements vs. Reality

Florida law is clear: all drivers must carry auto insurance. Under Florida Statute §324.022, non-commercial drivers with a clean driving record must maintain Property Damage Liability (PDL) coverage of at least $10,000 and Personal Injury Protection (PIP) coverage of at least $10,000. These limits are actually quite low compared to the national average. What’s more, bodily injury liability insurance (which covers losses to others if the policyholder is at-fault in a crash) is optional. If a driver doesn’t carry bodily injury liability coverage, they must agree to be personally responsible for up to $20,000 in damages if they cause a crash.

Yet despite these requirements, Florida consistently ranks among states with the highest percentage of uninsured motorists—approximately 20 percent of Florida drivers are operating vehicles without proper insurance. That means 1 in 5 drivers in Florida is uninsured — higher than the national average of 1 in 7 drivers being uninsured.

It’s worth noting too that even if a driver carries the minimum mandatory level of auto insurance, there’s a strong chance it won’t be enough to compensate victims of serious crashes to the full extent of their losses.

Understanding Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system, which means your own PIP coverage is your first resource after an accident – regardless of who caused it. That coverage pays for 80 percent of your medical expenses and 60 percent of lost wages, up to the $10,000 limit. Health insurance may help bridge the gap for the other 20 percent of medical expenses, and disability insurance could help bridge the 40 percent gap for lost wages.

But what happens when your injuries exceed that $10,000 threshold? Or when the at-fault driver has no insurance to cover your vehicle damage or personal injury costs? Being hit by an uninsured driver in Cape Coral can put crash victims in a precarious situation. This is where uninsured/underinsured (UM/UIM) motorist coverage often becomes the primary form of financial recovery.

Why UM/UIM Coverage Is Essential in Florida

UM/UIM coverage comes standard in many auto insurance plans, but it is technically optional in Florida. That said, our personal injury lawyers cannot stress enough how crucial this protection is, especially considering how many uninsured and underinsured drivers there are. This coverage steps in when the at-fault driver either has no insurance or insufficient insurance to cover your damages.

UM/UIM coverage can pay for:

Medical expenses beyond your PIP limits
Long-term care and rehabilitation
Lost wages and diminished earning capacity
Pain and suffering and other non-economic damages
Future medical needs related to your injuries

The Florida Supreme Court has consistently upheld the importance of UM/UIM coverage, noting in Progressive American Insurance Co. v. Grossi (2005) that this coverage serves a vital public policy purpose of protecting innocent motorists from financial hardship if they’re hit by an uninsured or underinsured driver.

When You Need Legal Representation for a UM/UIM Claim

Many people are surprised to learn they may need legal representation even when filing a claim against their own insurance company. After all, you’ve faithfully paid your premiums—shouldn’t your insurer eagerly help you in your time of need?

Unfortunately, the reality is often quite different. Insurance companies—even your own—are for-profit businesses with a vested interest in minimizing payouts. At Garvin Injury Law, we’ve represented many clients who were shocked when their own insurance company:

Disputed the severity of their injuries.
Argued that treatment was unnecessary or unrelated to the accident.
Delayed processing the claim, hoping the victim would settle for less.
Offered a settlement far below what was deserved.

Insurance companies have a legal duty of good faith to their policyholders. While the hope is that they will meet that standard, crash victims can’t assume that will be the case. That’s why if you’re hit by an uninsured driver in Cape Coral, it’s smart to have a legal advocate in your corner at the very start.

Proving Your UM/UIM Claim

Published on: April 21, 2025

What to Do For a Florida Work Injury if You’re an Independent Contractor

by Leland Garvin

Florida work injury The gig economy is thriving, and Florida is no exception. Independent contractors, from rideshare drivers to freelance professionals, make up a significant portion of the workforce. According to a 2023 report by the U.S. Bureau of Labor Statistics, approximately 16% of American workers are classified as independent contractors. Here in South Florida, this number is even higher due to the state’s reliance on tourism, construction, and seasonal industries. While independence offers flexibility, it also comes with significant risks — chief among them the lack of protections under Florida’s workers’ compensation laws. If you’re an independent contractor and sustain Florida work injury, such as a construction accident or car accident, navigating the path to fair compensation can be challenging. Here’s what you need to know and how a Cape Coral personal injury lawyer can help.

Understanding Workers’ Compensation Rights in Florida

Under Florida’s Workers’ Compensation Law (F.S. 440.01-440.60), employees injured on the job are entitled to medical benefits and partial wage replacement. This no-fault system ensures that employees receive compensation regardless of who caused the injury, so long as it occurred within the scope of employment.

Published on: March 24, 2025

What is Considered a Catastrophic Injury in Florida – and Why It Matters in Personal Injury Cases

by Leland Garvin

catastrophic injury Cape Coral injury lawyer When an accident results in a severe, life-altering injury, it may be classified as a “catastrophic injury” under Florida law. Our Cape Coral injury attorneys don’t simply use the term as hyperbole. It’s a term reserved for the type of injuries that will have profound physical, emotional, and financial consequences, often requiring long-term medical care, rehabilitation, and permanent lifestyle changes. The distinction matters because it can have an impact the amount of compensation that may be available in a personal injury case as well as how various parties proceed in handling it.

Defining Catastrophic Injury Under Florida Law

Although Florida doesn’t have a single, universal definition for catastrophic injury, it’s generally accepted to mean a permanent, debilitating injury that will require extensive medical treatment. Courts and insurance companies often consider an injury catastrophic when it prevents a person from working, performing daily activities, or living independently.

Per F.S. 766.118, catastrophic injuries in medical malpractice cases are recognized for purposes of non-economic damage caps. In general, non-economic damages (compensation for non-tangible impacts like pain and suffering) are capped at $500,000 per plaintiff for practitioner defendants (nurses, doctors, etc.) and $750,000 for non-practitioner defendants (hospitals, healthcare companies, etc.). The exception is if an individual’s injuries are deemed catastrophic.

Similarly, F.S. 627.737 sets a serious injury threshold for injuries in car accident cases. When a crash victim’s injuries meet the criteria for being “serious,” as outlined in statute, they can step outside of Florida’s no-fault auto insurance system and pursue damages over and above that. “Serious” in these cases means a significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Catastrophic injuries will pretty much always meet or exceed this threshold. That allows the injured person to pursue more monetary compensation for medical expenses, lost wages and reduced earning capacity, pain and suffering, loss of life enjoyment, and emotional distress (among other damages).

What Injuries are Considered Catastrophic in a Cape Coral Injury Case?

F.S. 766.118 details some specific kinds of injuries that are automatically considered catastrophic in Florida medical malpractice cases, but it’s not necessarily limited to that list in other types of cases. Among the conditions cited:

Spinal cord injuries resulting in severe paralysis of an arm, leg, or trunk
Amputation of an arm, hand, foot or leg
Severe brain injury or closed-head injury, as characterized by severe sensory motor disturbances, communication disturbances, cerebral function impairment, episodic neurological disorders, etc.
Second-degree or third-degree burns on 25 percent or more of the total body surface or third-degree burns on 5 percent or more to the hands and face
Blindness
Loss of reproductive organs resulting in inability to procreate

Those who have suffered catastrophic injuries may need wheelchairs, therapy, ongoing medical support, home modifications, and lifelong medical care. Many face significant emotional trauma in addition to their physical challenges. Life will never be the same, and thus they can no longer enjoy their lives, their work, and their relationships as they once did. They may suffer chronic pain, and lose their ability to live independently. Continue reading

Published on: August 19, 2024

What’s the Cost of Hiring a Cape Coral Personal Injury Lawyer?

by Leland Garvin

It’s reasonable that anyone considering any type of service would first inquire how much it’s going to cost. Hiring a Cape Coral personal injury lawyer is no different in that regard. But it’s important to understand that there are some key differences in how, when, how much, and even if you pay a Florida injury lawyer – compared to other service providers, but even compared to lawyers in other practice areas.

Personal injury lawyers practice a type of law called “torts.” A tort is some act or failure to act that causes harm to someone else and rises to the level of a civil wrong (as opposed to criminal) for which the court can impose liability. The most common torts arise from personal injuries stemming from negligence, the failure to use reasonable care when one had a responsibility to do so. Typical tort cases are motor vehicle accidents (motorcycle accidents, car accidents, bicycle accidents, truck accidents, etc.), medical malpractice, and premises liability/dangerous property cases.

How Attorneys Determine Fees

How much a Cape Coral personal injury lawyer charges for taking on a case will depend on several factors, including:

The attorney’s experience, reputation, and ability.
The fee customarily charged in that area for similar legal services.
The time and labor required, the difficulty of the question involved, and the skill required to handle the case successfully.
The potential value of the case, and the results obtained. (Generally cases involving serious injuries, multiple insurance policies, and clear fault/injury cause are going to have a higher overall value – though this can be offset by elements like complexity, numerous injured parties, etc.)

Understanding Contingency Fees

You do not pay upfront attorney’s fees for the services of a Cape Coral personal injury lawyer. Injury lawyers typically assess the value – and viability – of your injury claim upfront for no cost. They’ll tell you if they think you can win, and whether they can help. If they agree to take you on as a client, you still don’t pay attorney’s fees upfront. Those are only paid at the end of the case, and only as a percentage of what you win. This is referred to as a contingency fee structure. Continue reading

Published on: April 21, 2023

“Should I Sign a Florida Personal Injury Settlement Release Form?”

by Leland Garvin

It’s completely understandable – smart, actually – to be wary of signing any sort of a Florida personal injury settlement release form following a car accident. As our Cape Coral personal injury lawyers can explain, signing that release is typically required if you want to be paid the settlement amount. And settlements are how 95 percent of Florida injury lawsuits are resolved. But you absolutely should never rush into signing anything without having it first reviewed by a lawyer. This is especially true if the injuries you and/or your loved ones suffered were serious.

Understand that insurance companies are strategic in pressing people to sign Florida personal injury settlement release forms while they’re still recovering. They take advantage of the urgency and vulnerability many accident victims feel in the wake of an accident. They’re in pain, unable to work, the hospital bills are piling up, and they’re leaning on loved ones to help them manage basic household tasks/childcare/caregiving duties. In other words: They’re dealing with a lot, and could really use the money. Insurers often take that opportunity to dangle a “take-it-or-leave-it” carrot. They extend a settlement offer that can be much lower than what one is actually entitled to – hoping they’ll sign it quickly and give up the right to ask for anything more. We’ve seen far too many situations where accident victims find out too late that they unwittingly signed away their right to more money – sometimes a lot more.

Among the risks you’re running if you haven’t carefully considered all the implications of your signature on that document: