The Florida Keys are synonymous with laid-back living, but even “Margaritaville” is not immune to the potential for serious injuries.
Car accidents, hotel injuries, truck accidents, boating accidents, scooter crashes – these things often happen without warning and through no fault of the person who was hurt. Suddenly, the insured person is facing not only the challenge of physical recovery but the financial fallout as well.
At Garvin Injury Law, our goal as longtime Key West personal injury attorneys has always been to make sure your rights are protected and your best interests are represented. It is important that if you were injured while visiting Key West that you work with a legal team you can trust to competently manage your case as you focus on your recovery.
Our reputation in South Florida is built on more than 40 years of real results and enthusiastic client recommendations. Contact us to get started with a free case consultation.
Why Key West Personal Injury Victims Choose Garvin Injury Law
- With over forty years of experience protecting Florida personal injury victims, we know what we are doing and how to help you recover maximum compensation.
- We are intimately familiar with the unfair tactics many insurance companies use to try to deny your claim or pay you pennies on the dollar for the value of your damages, and we know how to combat them.
- You are our number one priority. We take our commitment to you very seriously and will work tirelessly to get the justice and compensation you deserve.
Common Key West Personal Injury Claims
The U.S. Centers for Disease Control and Prevention reports Americans make an estimated 60 million physician office and emergency department visits annually for unintentional injuries. Personal injury claims for monetary compensation can be filed when the injury was the result of negligence by someone who had a legal responsibility to be more careful.
Some of the most common Key West personal injury claims include:
- Car Accidents
- Motorcycle Accidents
- Scooter & Moped Accidents
- Truck Accidents
- Hotel Accidents
- Boating Accidents
- Construction Accidents
- Tourist Injuries
- Swimming Pool Accidents/Drowning
- Slip-and-fall injuries
- Bar/Nightclub/Restaurant Injuries
Our clients do not pursue a personal injury claim because they are greedy. They do it because their injuries are real and severe, their medical bills are piling up, and they are unable to work to support themselves and their families due to an incident that was at no fault of their own.
For some, injuries are so severe that they will suffer lasting effects for the rest of their lives. Accountability for those responsible – and deterrence for those who might do the same in the future – can also be powerful motivators.
It is a common misconception that Florida personal injury claims are easy money, but that is not the case. Insurers, large corporations, and defense lawyers – they know what they are doing. Many injured persons have settled for far less than they deserved because they had not yet spoken to a lawyer and did not realize what their claim was worth.
The skill and experience of the Key West personal injury lawyer you choose to handle your case can make all the difference in how the next chapter of your life unfolds. With our help, success in pre-trial settlement negotiations or at trial can provide those affected with the means to start over.
Florida Personal Injury Law
“Tort law” in Florida references any kind of civil case wherein the person who files the complaint, the plaintiff, seeks monetary compensation for damages they have suffered as a result of another’s wrongful action.
Guidelines for Florida tort actions – including personal injury lawsuits – are spelled out in F.S. Ch. 766-774, with most cases falling under the umbrella of Chapter 768 on Negligence.
Negligence is the failure to use appropriate and/or ethical care when a person or business had a responsibility to do so.
For example, all motorists have a duty to exercise reasonable care during the operation of a vehicle. That means obeying all traffic rules, but also simply being reasonably careful and alert. Failure to do so, resulting in a crash, can lead to a personal injury claim or lawsuit.
Florida is a “no-fault” state when it comes to auto insurance, so claims against other drivers are only possible once your own personal injury protection insurance, known as PIP, is exhausted and you can show your injuries meet the statutory threshold of severity.
Proving Negligence in Personal Injury Claims
Most personal injury cases are based on the theory of negligence. To be successful in a negligence claim, you must prove that four elements exist:
- The defendant owed you a duty of care.
- The defendant breached their duty of care by their negligent action or inaction.
- The defendant’s breach of duty caused your injury.
- You suffered actual damages from the defendant’s breach of duty, actions, or inaction.
These elements seem easy enough to prove. However, proving them can be complicated in most personal injury claims. You need the help of an experienced Key West personal injury attorney to ensure each element of negligence is sufficiently proven.
Florida’s Comparative Fault Rule
Florida now uses a comparative fault rule that bars you from recovering damages if you are more than fifty percent at fault. You can still recover compensation from the other at-fault parties if you are fifty percent or less at fault.
However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 30% at fault and your damages total $100,000, you may still recover $70,000 after deducting your percentage of fault.
At Garvin Injury Law, our attorneys work to avoid having any fault assigned to our clients or to minimize their fault so we can maximize their recovery.
Florida’s Statute of Limitations for Personal Injury Claims
Florida recently enacted tort reform legislation that reduced the statute of limitations in personal injury cases based on negligence from four years to two years.
A statute of limitations is the law that sets the deadline for filing a claim to recover compensation for your damages. So, you now have two years from the date of your accident or incident to file a personal injury suit. If you miss your deadline, you cannot recover compensation.
There are rare exceptions to the two-year deadline. So, you must promptly consult an experienced Key West personal injury attorney to determine your filing deadline.
Additionally, evidence can be destroyed, lost, or diminished over time. Another reason to act quickly is so your attorney can preserve vital evidence to help support your claim.
If you have been injured in Key West – whether you are a native “Conch” or a vacationer – the trusted legal team at Garvin Injury Law can answer your questions, evaluate the viability of your claim, and help you to pursue fair compensation.
Why You Should Hire a Key West Personal Injury Attorney
Insurance companies and defense attorneys often tell personal injury victims that they don’t need to hire a lawyer.
However, they are looking out for their own best interests, and it is definitely in their best interest for you to represent yourself rather than hire an experienced personal injury attorney.
They aim to deny or settle your claim for as little as possible. An experienced Key West personal injury attorney will hold the insurance companies and at-fault parties accountable for paying the full value of your claim.
Being represented by an experienced Key West personal injury attorney dramatically increases your chances of recovering maximum compensation.
Contact our Key West Personal Injury Lawyers
Call or email the Garvin Injury Law today for your free consultation. We have been successfully handling Monroe County injury and wrongful death cases in South Florida for more than 40 years.