Punta Gorda Personal Injury Attorney

Garvin Injury Law’s Punta Gorda personal injury lawyers have successfully handled injury claims in Southwest Florida for 50 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 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.

Call us at (239) 277-0005 to schedule a consultation for free.

How Can a Punta Gorda Personal Injury Attorney Help?

Personal injury cases can be difficult to manage on your own when you’re trying to recover from serious injuries at the same time. It’s one thing to come to an agreement with an insurance company on a settlement, but it can be entirely another to actually recover everything you’re entitled to under the law. 

That’s where hiring Garvin Injury Law can make all the difference. We’ll immediately prioritize your case if you choose us to represent you and will make it our primary aim to maximize the compensation you recover. Our personal injury lawyers in Punta Gorda are also highly experienced at trial, a fact that opposing parties take notice of during the claims process. 

Overall, we can help with your case by:

• Investigating your accident and injuries
• Determining your legal rights and options
• Identifying all liable parties
• Evaluating what your claim is worth
• Collecting the necessary evidence
• Negotiating a settlement agreement
• Filing a lawsuit and taking your case to court if applicable

Do you have any questions about your case and what we can do to help you? We’ll be able to fill you in on all the details during your free initial consultation. 

Garvin Injury Law 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 car accident attorneys in Punta Gorda will not hesitate to pursue claims to the trial phase if it is in the client’s best interests.

Damages You Can Recover in a Punta Gorda Personal Injury Claim

If you file a personal injury claim in Punta Gorda, two categories of compensatory damages may be available to you: economic and non-economic.

Economic damages are for your financial losses. For example:

• Medical expenses and future treatment
• Lost wages
• Diminished earning capacity
• Out-of-pocket costs
• Property damage

Non-economic damages are for the more personal ways your injuries have affected your life. These include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Mental anguish
• Scarring and disfigurement
• Disability

Punitive damages are possible as well, but only in rare cases. Under Florida law, you would need to present clear and convincing evidence that the at-fault party engaged in intentional misconduct or acted with gross negligence. These damages are designed to punish rather than compensate you, though they do generally end up in your pocket if they are awarded nonetheless.

What Is the Statute of Limitations for a Punta Gorda Personal Injury Lawsuit?

Per Florida Statute § 95.11(4)(a), you have two years from the date of your accident to file a personal injury lawsuit. This statute of limitations is strict; if you file your lawsuit after the deadline passes, you’ll almost certainly lose your ability to recover compensation from the opposing party.

However, note that there are some exceptions that can adjust this time limit for some cases. For example, if the injured party is a minor, there may be additional time to file. 

We recommend contacting our team as soon as possible so we can help you take legal action appropriately and on time. The earlier we get involved, the more effectively we can investigate your accident and preserve the evidence needed to build a successful case from the ground up on your behalf.

Common Types Of Negligence in Punta Gorda, FL

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 Punta Gorda personal injury attorney – one who understands how to fight back against assertions of comparative fault – your odds of maximizing your compensation are higher.

Car Accidents

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.

Contact Us Today

Contact The Garvin Injury Law personal injury attorneys in Punta Gorda today at (239) 277-0005 or online for a free case review.