When choosing a Cape Coral personal injury attorney, it’s crucial to find someone with not only strong legal knowledge and experience but also compassion, integrity, and a true commitment to their clients. At Garvin Injury Law, we pride ourselves on building that level of trust and rapport with every client and their family.
We’ve successfully recovered millions of dollars fighting for individuals injured in Cape Coral by careless drivers, irresponsible business owners, neglectful nursing homes, derelict property owners, and even poorly-run government agencies. These parties had a legal duty to act with reasonable care, and when they didn’t, our clients suffered serious and sometimes irreparable damage.
As a results-focused personal injury law firm serving Southwest Florida, we believe that every case we win contributes to making Cape Coral a safer community. That’s why we take our responsibility seriously, fighting for justice on behalf of both residents and visitors alike, in pursuit of accountability and compensation.
Call Garvin Injury Law at (239) 277-0005 or fill out our contact form to schedule a free case evaluation today.
Why Choose Garvin Injury Law?
- Our Cape Coral attorneys have protected personal injury victims’ rights for over 40 years.
- We have a proven record of recovering maximum client compensation.
- We have secured numerous multi-million dollar awards and settlements for our clients.
- Our Cape Coral personal injury lawyers have the skills, resources, and experience to get you the justice and compensation you deserve.
How Do I Know If I Can File a Cape Coral Personal Injury Claim?
If you were injured because of another party’s negligence or wrongdoing, you likely have a right to seek compensation for your damages. When you schedule a free consultation to discuss your case with us, our Cape Coral personal injury attorneys can evaluate your claim and advise whether we believe you have a good case.
Most personal injury cases are based on negligence. Establishing negligence requires proving four elements:
- You must prove that the defendant owed you a duty of care. For example, all motor vehicle operators owe a duty of care to drive safely and take reasonable actions to avoid harming others.
- You must prove that the defendant breached their duty of care by negligent actions or inaction. In the case of a motor vehicle accident, if a driver ran through a traffic light and crashed into you, they likely breached their duty to drive safely.
- You must prove that the defendant’s breach of duty caused your accident or injury. In the example above, running the red light must be the cause of your accident.
- Finally, you must prove that you suffered actual damages. You can not prove your case if you have no damages.
Our personal injury attorneys in Cape Cod know how to prove each element of your case and work hard to identify and gather the evidence to support your claim. Types of evidence we may use to prove your personal injury claim include medical records, police reports, photographs, video footage, receipts, bills, eyewitness testimony, expert witness reports, and expert witness testimony.
How Much Is My Personal Injury Case Worth?
No personal injury lawyer can tell you with certainty that you will recover a specific amount of compensation. However, once our attorneys have evaluated your case, valued your damages, and determined the insurance coverage limits and extent of available sources of compensation, we can advise you on a fair settlement of your claim.
In a successful Cape Coral personal injury claim, you may be able to recover economic damages and non-economic damages. Economic and non-economic damages are considered compensatory damages because they are designed to compensate injury victims for their losses.
Economic damages often include current and future medical expenses, current and future lost wages, property damage, and other expenses incurred because of your injury. Non-economic damages include pain and suffering, mental and emotional distress, loss of enjoyment of life, loss of consortium, permanent disability, scarring, and other intangible losses.
Punitive damages, also known as exemplary damages, are rarely awarded in Florida personal injury cases. This type of damage is designed not to compensate the injury victim but to punish the wrongdoer and help deter future similar behavior. Florida law only permits an award of punitive damages when a defendant is guilty of gross negligence or intentional misconduct.
How Long Do I Have To File a Personal Injury Claim?
A statute of limitations is the law that provides a deadline for filing a personal injury claim. If you miss your deadline, you cannot recover compensation for your damages. Florida recently changed the statute of limitations for most personal injury claims.
Most personal injury claims now have a two-year statute of limitations, as outlined in Florida Statutes §95.11(5)(a). That means you must file a claim within 2 years of your accident or incident that caused your damages. However, there are exceptions to the 2-year filing deadline. You must consult an experienced Cape Coral personal injury attorney to determine your filing deadline.
What Can I Do To Help With My Personal Injury Case?
Some things you can do to help your attorney include:
- Consult an experienced Cape Coral personal injury lawyer as soon as possible.
- Get a medical evaluation after an accident and follow through with any treatment plans and appointments.
- Keep a pain journal to document how your injuries impact your daily life.
- Do not provide a recorded statement to an insurance adjuster. Insurance companies are in business to make a profit and will work hard to deny or devalue your claim. No matter how nice they may seem, they are not your friend, so don’t talk to them without your attorney.
- Once you have an attorney, let them handle all communications with the insurance companies.
- Do not admit fault or apologize for the accident.
- Stay off social media while your claim is pending. Insurance adjusters and defense attorneys will scour through social media accounts looking for something they can use to deny your claim or to show that your injuries are not as severe as you claim.
- Ask your family and friends to refrain from posting comments or photos of you while your claim is pending.
- Follow your personal injury attorney’s instructions about what to do or not to do until your case is resolved.
Why Do I Need a Personal Injury Lawyer In Cape Coral?
Being represented by an experienced personal injury lawyer from Cape Coral increases your chances of a successful outcome. They will investigate your accident to determine cause and liability and conduct discovery to locate and gather evidence to support your claim.
Your attorney can help ensure that all your damages, including future damages, are considered and accurately valued to determine a fair settlement of your case. Most personal injury attorneys are excellent negotiators who can help resolve your case favorably for you as quickly as possible.
A personal injury lawyer will be deeply familiar with the unfair tactics many insurance companies use to deny or devalue your claim. They can beat the insurance adjusters at their own game and demand full payment for your damages.
When a fair settlement can not be reached, your lawyer can take your case to trial to recover the compensation you deserve. Don’t face your personal injury case alone, and don’t hire just any lawyer. Contact an experienced Cape Coral personal injury attorney from Garvin Injury Law.
Types of Personal Injury Cases We Take On In Cape Coral
Our Cape Coral personal injury lawyers have decades of experience specifically in tort law and litigation. Tort law refers to the body of rules concerned with remedying harms caused by a person’s wrongful or injurious actions.
Vehicle Accidents
One of the most common types of Florida tort cases is car accident lawsuits. Someone runs a red light, slams into your left-turning vehicle, and you’re suddenly in the hospital with a broken leg. Tort law allows those who are injured the opportunity to file a lawsuit to collect monetary damages to help pay for their losses.
Cape Coral motorcycle accidents, truck accidents, and bicycle accident cases may be handled differently, due to the type of insurance required, which differs from standard passenger cars. Additionally, the injuries tend to be more severe, so the stakes are higher.
Medical Malpractice
A doctor misses obvious warning signs and fails to diagnose a deadly cancer. By the time it’s caught, the patient’s treatment options are limited, or the disease has substantially progressed. A hospital nurse administers the wrong medication to a patient, leading to serious illness and a long recovery time. A surgeon operates on the wrong side of the body. These are the sort of occurrences that would fall under the umbrella of “medical malpractice.”
Physicians, nurse practitioners, and nurses in Cape Coral all owe a duty to patients to provide them with care that meets certain professional standards. So do the hospitals, urgent care centers, and nursing homes where they work. When they fail to do so, legal action can be taken per Chapter 766 of the Florida Statutes.
Premises Liability
Property owners in Cape Coral have a responsibility to the people they welcome onsite to keep it reasonably safe. This is especially true if it’s a business enticing people onsite for their own financial gain. An example of this would be a grocery store that has a responsibility to keep its floors reasonably clean and clear of obstructions to protect customers from slip-and-fall injuries.
Another would be a hotel with a duty to ensure there are adequate door locks and window closures to protect guests from third-party criminal attacks. It can sometimes include private homeowners, too, such as in cases of swimming pool injuries, trampoline injuries, dog bite injuries, or contractor injuries.
Boating Accidents
Boating accidents and injuries are a far-too-common occurrence off the shorelines of this Gulf Coast city. Florida has more than 1 million registered recreational boats, according to the Florida Fish & Wildlife Conservation Commission, with Lee County ranking 3rd in the state with more than 50,000 vessels.
Boating accidents are typically the result of operator error. Fairly often, alcohol is involved. But in addition to the boat operator, other parties potentially responsible for boating injuries include passengers who acted recklessly, the manufacturer of the boat, or the boat rental company.
Nursing Home Negligence and Abuse
By latest count, there are more than 700 nursing homes in Florida, with roughly two dozen of those in Cape Coral. Rules Chapter 59A-4 spell out the minimum standards for Florida nursing homes. Too often, assisted living and skilled nursing facilities fall short in caring for their uniquely vulnerable patients who are elderly and/or disabled.
Our Cape Coral personal injury lawyers recognize that the increasing trend toward privatization of nursing homes has meant that the focus for facility operators is more often on the bottom line than the patients’ best interests. Too many of these places are understaffed (with those who are working there underpaid) and poorly-resourced. The result is that patients may be neglected or even abused. When this happens, their loved ones should consult with an experienced civil case lawyer about their legal options.
Product Liability
Products that are marketed, sold, and used by the public should be reasonably safe during intended or foreseeable use. When they are not, injured persons can file a product liability lawsuit. Dangerous products could be anything from unsafe meat at the grocery store to faulty brakes in your car. Liability can be established not only against those who made the product, but also against those who designed it, marketed it, and sold it.
Unlike most other Cape Coral personal injury cases, which are rooted in negligence (the absence of reasonable care), product liability is usually pursued on grounds of strict liability or breach of warranty. A strict liability tort is one in which a defendant (the person you’re suing) is legally responsible for the consequences that flow from an activity, regardless of whether they were at fault. The most common types of product liability claims are those for manufacturing defects, design flaws, and breach of warranty (which is the violation of an express or implied warranty that promises the user/buyer of the product’s quality or safety).
Other areas of law in which we can provide first-rate legal advice and representation:
- Drunk driving accidents
- Pedestrian accidents
- Jet ski accidents
- Florida class action lawsuits
- Hospital bill and lien resolution
- Construction accidents
- Bad faith insurance claims
Schedule a Free Consultation With a Cape Coral Personal Injury Lawyer
If you have been injured because of another party’s negligence or wrongdoing, you may have the right to recover compensation for your damages. You need the help of an experienced Cape Coral personal injury attorney to get the justice and compensation you deserve.
At Garvin Injury Law, our personal injury lawyers have over 40 years of experience recovering maximum compensation for our clients, and we want to help do the same for you. Call (239) 277-0005 or visit our contact page to schedule a free consultation to discuss your claim.