Punta Gorda, Florida

Punta Gorda is the only incorporated city in Charlotte County, home to an estimated 15,000 people. It’s a community that has grown in fits and starts, one of the more recent setbacks being Hurricane Charley damage in 2004. The city has since recovered well, seizing the opportunity to revitalize waterfront and downtown areas, attracting more residents and tourists alike.

The downside to this, though, is there are more accidents. It’s not just auto accidents, though the city reports well over 500 of them annually (that includes motorcycle accidents). There are also more slip-and-fall injuries, medical malpractice incidents and nursing home abuse and neglect.

The Garvin Law Firm’s Punta Gorda personal injury lawyers have successfully handled injury claims in Southwest Florida for 30 years. We work tirelessly to protect the rights and further the best interest of those who have been harmed by the illegal and negligent acts of others.

We recognize that catastrophic and life-threatening injuries can strike at any time, and leave you reeling. The process for recovering financial damages is both overwhelming and necessary. Although monetary compensation may not be the foremost thought on your mind, you will soon be burdened with the snowballing effect of medical bills, the loss of wages and ongoing medical and therapy needs. In the event of a wrongful death, you may have funeral expenses and other financial woes.

One silver lining is the fact that our Punta Gorda injury lawyers offer our services on a contingency fee basis. That means if we take your case, you don’t pay any attorney’s fees unless and until we prevail, either with a pre-trial settlement or a jury verdict. That means when we agree to take your case, we’re confident in its strength and committed to fighting for the most favorable outcome.

Negligence is a critical factor in any Punta Gorda personal injury case. Negligence can be proven by establishing four key elements:

• Defendant owed a duty of care to plaintiff;
• Defendant breached that duty;
• Defendant’s breach caused plaintiff’s injury;
• Plaintiff suffered a compensable injury.

Each element must be proven for plaintiff to successfully collect damages.

Defendants in personal injury litigation often challenge their own liability by alleging comparative fault. That is, defendant alleges plaintiff is wholly or partially to blame for their own injuries, and therefore defendant shouldn’t have to pay. The good news is that as a pure comparative negligence state, per F.S. 768.81, plaintiff’s partial liability won’t bar an injury claim. However, it will proportionately reduce the damages one may collect. No attorney can guarantee you a certain outcome, but generally when you work with an experienced lawyer – one who understands how to fight back against assertions of comparative fault – your odds of maximizing your compensation are higher.

One of the most common causes of negligence action in Punta Gorda is car accident injuries. Nationally, motor vehicle deaths are the No. 1 cause of death among people between the ages of 3 and 33.

The Punta Gorda Police Department’s Traffic Safety & Enforcement Report reveals there are 115.5 paved roadways in the city, which considers itself bicycle- and pedestrian-friendly, with 5.2 miles of off-road bike paths (not counting on-road bike lanes) and 67 miles of sidewalks. Still, injurious and fatal crashes continue to be a problem because far too many motorists don’t use appropriate caution. Fatal crashes in Punta Gorda have been on the rise in recent years – including both motorcyclist and bicyclist deaths.

All drivers have a legal duty to operate their motor vehicle with reasonable care. That means obeying all traffic laws, being alert and sober and adjusting their speed and care to the existing road conditions. Failure to do this is a form of negligence, and drivers can be held liable when that negligence results in injuries or death.

The Garvin Law Firm is closely familiar with both the 20th Judicial Circuit and Florida’s Second District Court of Appeal, where most civil lawsuits in Punta Gorda will be handled. This long-time experience puts our clients at an advantage.

Most injury claims can be resolved before a case ever makes it to trial – and sometimes before it’s even necessary to file a lawsuit. This is accomplished by persistent negotiations with insurers (often the entity responsible to pay claims for negligent insureds).

However, our attorneys will not hesitate to pursue claims to the trial phase if it is in the client’s best interests.

Contact The Garvin Law Firm personal injury attorneys in Punta Gorda today at 239.277.0005 or online for a free case review.