Personal Injury (also known as tort law) is a super generic concept that refers to laws that provide remedies to people who have suffered harm by the negligent acts of another person or corporation. Tort law is based on the idea that people are liable for the consequences of their actions, whether intentional or accidental, if those actions cause harm to another person; In Fort Myers the lawyers at Garvin Injury Law are reputable personal injury lawyers who have been holding wrongdoers accountable for their actions since 1963.
The basic principle of personal injury law in Florida is that an innocent victim should be compensated for his or her losses by the person responsible for those injuries. This is an area of law that the Fort Myers personal injury lawyers at Garvin Injury Law have spent decades practicing their craft and becoming experts in their field; both Jeff and Leland Garvin are listed in the Best Lawyers in America.
A tort can more simply be defined as a civil wrong or negligent act. There are three general types of torts that may cause injury to another person. In civil law, a tortious or negligent act can form the bases of a lawsuit that can compensate a party for financial damages or injuries suffered. The three main types of personal injury law are founded in negligence, strict or product liability, and intentional torts.
Tort law covers most civil lawsuits such as car accidents or premises liability cases. The vast majority of claims that are filed in civil court, with the exception of family law or contractual disputes, falls under tort law. The concept of this area of law is to address a wrong done to a person and provide relief from the wrongful acts of others, usually by awarding monetary damages as compensation. A personal injury attorney in the Fort Myers area can guide you through each step of this process which could end up with an injured party demanding their constitutional right to a jury trial.
In Florida, certain types of incidents can be both a tort and a crime. When such conduct occurs, the state will evaluate whether to prosecute the wrongdoer for the crime. Whether or not the state prosecutes the criminal action does not affect your right to pursue a civil action.
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Why Personal Injury Victims Choose Garvin Injury Law
- We have decades of experience protecting the rights of injury victims.
- We are client-centered and results-driven.
- We will not take your case unless we believe it has merit and that we can help you recover the compensation you deserve.
- We have a proven record of recovering the maximum client compensation possible.
What Types of Cases Does Garvin Injury Law Handle?
At Garvin Injury Law, we only handle personal injury cases. Personal injury law is a broad field that provides a remedy to those injured due to another party’s fault.
Most personal injury cases are based on proving negligence. However, some cases are based on intentional acts done to cause harm to a person. When a person intentionally causes damage to someone, they often face criminal charges that are separate and distinct from a personal injury action.
The third type of personal injury case is based on strict liability. In this case, the defendant can be held liable if a person is harmed, even if they did not act negligently or intentionally to cause them harm. Strict liability actions include product liability, ultrahazardous activities, and dangerous animals that cause harm.
Our attorneys handle almost every type of personal injury case imaginable. Some of the most common ones include:
- Rideshare Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Brain Injury Accidents
- Wrongful Death
Car accidents are by far the most common cause of personal injury — our Fort Myers car accident attorneys will fight for the financial compensation you deserve.
Injured in Fort Myers?
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What Type of Damages Can I Recover From a Fort Myers Personal Injury Suit?
The type of damages you can recover from a Fort Myers personal injury suit depends on the facts of your case, including the severity of your injuries.
In a successful Fort Myers personal injury suit, you should be able to recover economic damages and possibly non-economic damages.
- Economic damages are those that cost you financially. They include current and future medical expenses, current and future lost wages, property damages, and other expenses or losses incurred because of your accident and injuries.
- Non-economic damages are more difficult to prove but are often more devastating than economic ones. They include pain and suffering, mental and emotional distress, loss of enjoyment of life, and other intangibles.
In rare cases, you may be able to recover punitive damages. Unlike economic and non-economic damages, punitive damages are not intended to compensate the victim for their losses. Instead, punitive damages are designed to punish the defendant and deter similar future conduct.
Florida Statute 768.72(2) provides:
“A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence. As used in the section, the term:
- “Intentional misconduct” means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.
- “Gross negligence” means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.”
A jury may award punitive damages after a plaintiff properly requests them and the judge determines there is sufficient evidence to allow the plaintiff to present a claim for them. Then, through clear and convincing evidence, the plaintiff must prove to the jury that they are warranted. Punitive damages are rarely awarded in Florida personal injury cases.
How Do You Prove Fault in a Fort Myers Personal Injury Claim?
The majority of personal injury lawsuits in Florida are brought under the theory of negligence. In order to make a claim based on negligence, the injured party must prove the following four elements:
- That the defendant owed them a certain duty;
- That the defendant breached that duty;
- That the defendant’s breach was the cause of the injury, and
- That the plaintiff suffered an injury.
If you are able to show that the above four elements are present in your case, you may be entitled to compensatory or even punitive damages and the capable Fort Myers personal injury attorneys at Garvin Injury Law can help you. Our firm has decades of experience handing these types of cases especially dealing with cases where a party may have started with some preexisting injuries that were made worse as a result of another parties negligence.
Slip and fall cases are also considered tort cases. As a result of a slip and fall, an injured person may take civil action against another party. One example of this: While walking down the aisle in a local grocery store, you slip and fall on a piece of fruit that has fallen off a shelf and you suffer a significant injury. You would hire a Fort Myers slip and fall lawyer to assist you and gather all of your pertinent medical records and bills. If the case could not be resolved with a demand letter to the insurance company for the at fault party, suit would be filed and you would become the plaintiff, or injured party, and the grocery store would be the defendant or tortfeasor, the negligent party.
Simply stated, if you can prove the above elements, you would take civil action against the grocery store to recover compensation for pain, suffering, medical bills and expenses incurred as a result of the fall.
What If I Am Partially At Fault?
If more than one party is at fault in an accident, comparative negligence laws adopted by the state determine which party pays and how much compensation can be recovered.
Florida recently shifted from a pure comparative negligence rule to a modified comparative negligence system. Under the new law, if you are more than 50% liable for the accident that caused your injuries, you cannot recover compensation for your damages.
You can recover compensation from the other at-fault parties if you are 50% or less responsible for the accident. However, your compensation will be reduced by the percentage of fault assigned to you.
For example, under Florida’s new modified comparative negligence law, if you are found to be 20% at fault and your damages total $100,000, you could still recover $80,000 after your percentage of fault is deducted.
How Do I Know If I Have a Good Case?
When you consult with us, we will evaluate your case and advise whether we believe you have a valid claim.
Generally, if you were injured by another party’s wrongful actions or inactions, you probably have a good case. Most personal injury cases are founded on negligence.
In considering whether you have a good negligence case, ask yourself whether the defendant owed you a duty of care and, if so, whether they breached their duty. For example, all drivers of motor vehicles owe a duty of care to drive reasonably safely to avoid causing harm to others. Recklessly running a stop sign or red light may breach that duty.
Then, ask yourself whether the defendant’s action in breaching their duty was the cause of your injuries and whether you suffered actual harm.
If these facts exist, chances are good that you have a strong personal injury claim. You should promptly consult an experienced Fort Myers personal injury lawyer.
Jeff Garvin is an amazing attorney; a lawyer of highest integrity, great experience, tremendous talent, and mighty work ethic. He was very positively interactive with my wife and me throughout our case. We really like and appreciate him, both personally, and professionally.
Patrick 
How Long Do I Have to File a Personal Injury Claim?
In Florida there is a two (2) year statute of limitations in personal injury cases which would begin to run as of the date of the accident/incident. If the accident resulted in death, there is also a two (2) year time period that commences from the date of death for the bringing of a wrongful death action.
There are also shorter statutes of limitations for other actions against governmental entities as well as intentional injuries, medical malpractice, and maritime injuries. If these actions are not filed within the appropriate time frame, you will forever be barred from doing so. Thus, you should retain a Fort Myers wrongful death attorney who will diligently pursue your case.
How Long Will It Take To Recover My Compensation?
How long it takes to resolve your case depends on several factors. At Garvin Injury Law, our attorneys are excellent negotiators who work hard to reach a fair settlement of your case as quickly as possible.
Some cases are resolved within a few weeks; others may take a few years.
The vast majority of our cases are settled favorably for our clients without the need to go to trial. However, we prepare every case as if a jury will try it. We build your strongest case and are ready to take your case to trial if a fair settlement is not reached.
Factors that impact the length of time it takes to resolve your case include:
- Your injuries – If you have severe injuries such as spinal cord damage, the case will likely take longer. The amount of your damages depends largely on how long it takes you to recover or reach maximum medical improvement. Additionally, when your damages are much more significant, the defendant and insurance company may take longer to settle. Claims involving minor injuries such as bruising usually settle quickly.
- Determination of liability – If it is clear that the defendant is at fault, a quick settlement is much more likely. However, when the defendant or their insurance company thinks they may be able to deny liability or shift some of the fault to you, your case will take longer to resolve.
- Willingness to settle – Both parties must be willing to negotiate a fair settlement. If you or the defendant is unwilling to negotiate in good faith, it will take longer to resolve your case.
- Case complexity – If your case involves multiple defendants and witnesses, experts to consult, and extensive discovery, settling or going to trial will take longer.
- Schedule of the court – In some jurisdictions, the court dockets are overloaded, and cases may be delayed for a long time.
At Garvin Injury Law, our attorneys understand that you need to resolve your claim as quickly as possible. You need access to the compensation you are owed, and you need to end this legal proceeding so you can focus on your future.
We work hard to resolve your case quickly while holding the defendant responsible for paying the full value of your damages.
What Can I Do To Protect My Right to Recover Compensation?
There are several things you can do to help protect your health and your right to recover compensation, including:
- Seek an immediate medical evaluation, even if you don’t think your injuries are severe. Many injuries are not immediately apparent but can result in long-term damage.
- Do not admit fault or apologize for an accident.
- Do not provide a recorded statement to the insurance company until you have consulted an experienced Fort Myers personal injury lawyer.
- Promptly consult an experienced personal injury attorney.
- Stay off social media and ask your family and friends to refrain from posting comments or photos of you while your claim is pending. Insurance companies often search social media accounts to try to find something that can be used to deny or devalue your claim.
- Adhere to any treatment plan provided by your physician and follow up with all appointments.
Discuss these tips with your attorney and take their advice on what you should and should not be doing until your case is resolved.
How Much Will Hiring a Fort Myers Personal Injury Lawyer Cost?
At Garvin Injury Law, we handle your case on a contingency fee basis. This means you pay nothing to pursue your claim and only pay after we recover your compensation.
This allows you to seek the compensation you deserve without worrying about litigation expenses.
When we win your case, you will pay us a percentage of your compensation, which we will agree to in advance.
If we don’t win, you owe nothing.
How Will a Fort Myers Personal Injury Lawyer Help Me Recover the Maximum Possible Compensation?
- They will investigate your accident or incident to determine all possible causes and potentially liable parties.
- They will conduct discovery to identify and collect vital evidence to build your strongest case.
- Your attorney will help determine the true value of your case by ensuring all damages and losses are considered and accurately valued. Only then will you know what a fair settlement of your case would be.
- An experienced Fort Myers personal injury lawyer will negotiate to reach a fair settlement of your case as quickly as possible.
- Insurance companies can use unfair tactics to get you to settle for less than your case is worth. A skilled personal injury attorney will know how to combat these tactics and hold the insurance company responsible for paying the full value of your case.
Contact Garvin Injury Law Today
Bottom line, personal injuries after a car crash, slip and fall, products liability or other negligence can be life changing and can have catastrophic physical, emotional and financial consequences for many years to come.
You only get one chance at making your case against the defendant or their insurance company, so hiring the right Fort Myers personal injury attorney is of the utmost importance.
For this reason it is important to do your research and actually speak with the injury lawyer who will be handling your case and make sure you feel comfortable and that you can trust them to give you specific, tailored advice.
The lawyer you choose to work with should have an understanding of the medicine and what you are experiencing and also relationships with medical professionals who will advocate for you both in their medical office but also in the courtroom if necessary.
If you would like to discuss a potential personal injury case, please contact the Fort Myers personal injury lawyers at Garvin Injury Law online or call us at (239) 277-0005 so we can answer any questions that you may have during a free consultation.