Injured in a Punta Gorda Car Accident?
Contact an Attorney at Garvin Injury Law Today
Punta Gorda is a relaxed atmosphere community located in Charlotte County, Florida. It is a mix of upscale homes with boats docked in the backyard and more affordable residences near Charlotte Harbor and the Gulf of Mexico.
South of Sarasota and north of Fort Myers, Punta Gorda is a well-traveled area, with quick access to Interstate 75 and Routes 41 and 17. As the population continues to grow, so too has traffic and the risk of a Punta Gorda car accident.
A Punta Gorda personal injury attorney can assist with any legal questions you have.
Call (239) 277-0005 to set up a free case review.
Do I Need a Punta Gorda Car Accident Lawyer?
If you are involved in an accident where the other driver was at-fault – even partially so – they may be liable to pay you damages. But to collect more than your personal injury protection (PIP) coverage (up to $10,000) from your own policy, there are certain criteria you must meet and specific steps you need to take.
It is generally unwise to try to negotiate or even speak with the other driver’s insurer to file a claim before you talk with a Punta Gorda car accident lawyer first. That’s because an attorney can help you figure out:
- Whether you’re entitled to collect damages
- How much compensation you may be owed
You may have the police report and bills from the auto shop and hospital, but if you have serious injuries – broken bones, a head injury, required any surgery, etc. – that likely is not adequate to calculate the full extent of your damages.
Some types of compensation to which you may be entitled:
- Future medical costs. You may need additional follow-up care, and the other driver’s insurance could cover this.
- Reduced earning capacity. If your injury has impacted your ability to earn, do your job, or make a living – whether on a short-term or long-term basis – you may be entitled to collect damages for this.
- Pain and suffering. Crash injuries and recovery can be incredibly painful. You may be entitled to recover significant damages for this.
- Loss of consortium. If your relationship with your spouse or minor children has been substantially impacted by the injuries you sustained in the crash, they may have a claim for loss of consortium damages.
If the other driver had umbrella coverage (also sometimes referred to as excess coverage), you might be able to collect liabilities that exceed most standard car insurance policies. If the other driver was on-the-job at the time of the crash, you might have grounds to collect from their employer (under the legal doctrine of respondeat superior).
If the other driver does not have insurance (as required by law) or does not have enough insurance to cover the full extent of your damages, you may need to file an uninsured/underinsured motorist (UM/UIM) claim with your own insurer. These are all things on which a car accident attorney can advise you.
What Damages Can You Recover in a Punta Gorda Personal Injury Lawsuit?
If your injuries are serious enough to step outside of Florida’s no-fault insurance system, you may be able to file a lawsuit against the at-fault driver and pursue both economic and non-economic damages. These are referred to as “compensatory damages” and are meant to put you back into the position you were before the accident as best as possible in a financial sense.
Economic damages compensate you for the measurable financial impact of the crash, such as:
- Medical bills (current and future)
- Rehabilitation and therapy costs
- Lost wages
- Reduced earning capacity
- Property damage
Non-economic damages cover the less tangible harm the accident has caused, including:
- Pain and suffering
- Emotional distress and trauma
- Mental anguish
- Loss of enjoyment of life
- Loss of companionship
In situations involving extreme conduct from the other party, punitive damages may also be on the table. However, these damages require a stronger showing of evidence and also usually require that your case make it all the way to the trial stage.
How To Prove Fault in a Punta Gorda Car Accident Claim
In most cases, you will need to establish that the other driver’s negligence caused the crash in order to hold them responsible for your injuries. Under Florida personal injury law, a successful negligence claim requires proof of four things:
- The other driver owed you a duty to operate their vehicle safely
- They breached that duty through careless or reckless conduct
- Their breach was the direct cause of the collision and was also the proximate cause
- You suffered actual damages as a result
These elements must be proven on a “by a preponderance of the evidence” basis, around a 51% or higher likelihood. The types of evidence that can help establish these elements vary from case to case and may include things like:
- Police reports containing the responding officer’s observations about fault
- Traffic camera or dashcam footage showing what happened before the crash
- Statements from witnesses who saw the accident occur
- Cell phone records that may prove the other driver was distracted
- Medical documentation connecting your injuries to the collision
Our car accident attorneys investigate every case we take on from the ground up. We know what evidence to look for and how to present it in the most compelling way possible.
Florida’s Comparative Fault Laws
One thing that every car accident victim in Florida needs to understand is how the state’s comparative fault law could affect their claim. Florida follows a modified comparative negligence law, which means your ability to recover compensation may depend in part on how much responsibility you share for the accident.
If you are found to be more than 50 percent at fault for the crash, you are barred from recovering any compensation at all. If your share of fault is 50 percent or below, you can still recover damages, but the total amount will be reduced proportionally. For example, if a jury determines your total damages are $400,000 but assigns you 25 percent of the blame, your award would be reduced to $300,000.
Note that this framework applies to claims against the defendant only, not against your own Personal Injury Protection (PIP) insurance coverage. PIP is part of Florida’s no-fault system, so you can receive those benefits no matter who’s primarily responsible for the crash.
Punta Gorda Car Accident Statistics
According to a recent Traffic Crash Analysis report released by the City of Punta Gorda, local police reported a total of 710 Punta Gorda car accidents in the city, of which:
- 44 percent occurred at intersections
- 27 percent occurred on roadway other than that an intersection
There were also 9 bicycle accidents, 5 pedestrian accidents, and 11 motorcycle accidents included, as well as more than 200 parking lot crashes.
The total number of crashes reported in 2019 marked a 12 percent increase compared to the year before.
Any injured person in a local crash should contact a Punta Gorda car accident lawyer as soon as possible. Florida is a no-fault state, but that does not mean you will have an easy time getting a fair payout from your insurer.
If you have serious or disabling injuries; for example, those that limit a major body function for more than a couple weeks, leave you in significant pain, or with extensive scarring. You may have a claim to pursue compensation from the other driver’s insurer or your own uninsured/underinsured motorist carrier. An attorney can help you determine the viability and value of your case and negotiate a fair settlement on your behalf. Few car accident cases go to trial (often they can be settled without litigation). Our dedicated Punta Gorda accident lawyers are skilled settlement negotiators and are prepared to take your claim to court if necessary.
Top 5 Most Dangerous Intersections in Punta Gorda
As noted by the National Highway Traffic Safety Administration, intersections are dangerous for several reasons. Mostly, it is because they are the points at which two or more vehicles cross each other, and activities such as turning right, crossing over, and turning left have the potential for conflict – which results in a higher likelihood of a crash.
Other factors that come into play include:
- Illegal maneuvers (running red lights, failure to yield, etc.)
- Driver distraction
- Speeding
- Aggressive driving
According to local police, the most accident-prone intersections in Punta Gorda include:
- Tamiami Trail at East Marion Avenue
- Aqui Esta Drive at Tamiami Trail
- Carmalita Street at Tamiami Trail
- Maud Street at West Marion Avenue
- West Retta Esplanade at Tamiami Trail
Of the 710 crashes reported to police in a single recent year, a total of 94 injuries resulted, including 10 that were debilitating and one that was fatal. Of all the vehicle occupants involved in Punta Gorda car accidents, nearly 17 percent reported personal injuries.
Three-fourths of all police-reported crashes in Punta Gorda occur in “Zone 1” of the city, the northern sector along the Peace River through which Tamiami Trail runs. Police report stepping up their traffic patrols in this area in recent years, as well as the Charlotte County Sheriff’s Office and the Florida Highway Patrol.
Contact Our Punta Gorda Car Accident Lawyers
Call (239) 277-0005 or email the Garvin Injury Law today for a free consultation, and we will evaluate your claim and determine the appropriate course of action. We have offices in Fort Myers, Naples, and Key West and have been handling accident cases in Punta Gorda, Florida, for more than 30 years.