Naples Personal Injury Lawyer  Help Is Just a Call Away

Naples Personal Injury Lawyers

Personal Injury Cases in Collier County

Smith, Ball & Báez represents individuals and families in all types of personal injury matters in Naples, Collier County, and throughout Florida. Our attorneys have decades of collective experience, as well as a long record of success in this area of law.

We are known for being real trial lawyers and for taking cases to court whenever necessary. Insurance companies know that we will not back down from even the toughest of challenges, and we use this to effectively advocate for the maximum compensation our clients are owed. If you or someone you love has been harmed by the negligent or wrongful conduct of another person, a company, or some other entity, turn to our Naples personal injury lawyers to learn how we can help you get back on your feet.

Schedule a free consultation and case evaluation with one of our attorneys today; call (561) 500-HELP or submit a secure online contact form to get started.

Proving Liability for Your Damages

One of the most important elements of a personal injury case is establishing the defendant’s liability. As the person bringing the claim (known as the “plaintiff”), you have the burden of proof, meaning you must prove that the defendant is legally responsible for your injuries and resulting damages.

Most often, you must prove the following elements to establish liability:

  • The defendant owed you a duty of care, meaning they had a legal responsibility to take reasonable measures to prevent you from foreseeable injury
  • The defendant failed to uphold the duty of care, whether through negligent act or omission, wrongful conduct, or intent to commit bodily harm or cause injury
  • You were injured and suffered measurable damages for which you can be compensated, such as medical expenses, lost wages, and pain and suffering
  • The defendant’s negligent, wrongful, or intentional conduct was the direct or proximate cause of your injuries and resulting damages

At Smith, Ball & Báez, we work alongside accident reconstructionists, medical professionals, economists, and other industry experts who assist us in determining the cause of an accident, the extent of our client’s injuries, and, most importantly, who is liable for their damages. Our Naples personal injury attorneys work tirelessly to build powerful cases aimed at securing the maximum settlements their clients deserve. We leave no stone unturned and no avenue left unexplored when it comes to pursuing the full and fair compensation you are owed.

What Is Comparative Negligence?

Comparative negligence applies in cases where two or more parties are partly to blame for an accident or event that leads to bodily injury or death. Under comparative negligence rules, an individual may file a personal injury claim and recover compensation for damages if they were partly responsible for the incident that caused their injuries. However, the amount they can recover will be reduced by their percentage of fault. So, if the person was 25 percent to blame, and they are seeking $100,000 in damages, they would only be able to recover up to 75 percent of that amount, or $75,000.

Florida follows a rule of pure comparative negligence. This means that you can seek compensation for your injuries and resulting damages regardless of your percentage of fault, as long as it is not 100 percent. In other words, even if the other party was only one percent to blame, you could potentially still file a lawsuit.

Although being partly at fault for an accident won’t bar you from filing a claim, it will affect your recovery, sometimes significantly. Insurance adjusters know this, and they often use the rule of comparative negligence to devalue claims. In other words, an insurance adjuster may argue that you were considerably at fault for an accident to underpay your claim.

We strongly encourage you to reach out to an experienced attorney at our firm if you are having issues with the insurance company. Our Naples personal injury attorneys can step in and handle all communication with the insurance adjuster(s) on your behalf. We are committed to protecting your rights and doing everything possible to maximize the value of your claim.

Handling All Types of Personal Injury Cases in Naples & Beyond

Our team at Smith, Ball & Báez can assist you with a wide range of personal injury matters, including but not limited to:

We offer compassionate counsel and personal attention throughout the legal process. Our seasoned trial lawyers have the skills, experience, and resources to aggressively represent you and your rights, even if that means taking your case to court.

Learn how our team can fight for you and the recovery you deserve. Call (561) 500-HELP or contact us online to schedule a complimentary consultation.

What Sets Us Apart

Committed to Fighting for Justice for the Injured
  • Over $100 Million Recovered

    Our results speak for themselves, and our team is dedicated to winning for you.

  • AV-Rated With Martindale Hubbell

    We are ranked by the most prestigious peer review rating an attorney can receive for high ethical standards and professional ability.

  • Over 65 Years of Experience

    With over 65 years of combined experience, our attorneys know what it takes to win for you while adhering to the highest ethical standards.

  • Award-Winning Attorneys

    Our attorneys are committed to excellence and are recognized for their hard work with many accolades from the legal community.

  • We're Not Afraid to Litigate

    We're trial lawyers at heart and don't shy away from the courtroom; we'll put our compassionate tenacity to work for you.

  • A Florida Firm With Extensive Resources

    No case is too big; we'll utilize our large network of experts, connections in the legal community, and deep well of resources to help you win.

Real Reviews from Real Clients

We're Deeply Committed to Every Case
    Beyond Satisfying!

    “Working with Mr. Baez and Kimberly was a wonderful experience. Not only did I feel very comfortable with their representation, but the results were also beyond satisfying. I can't say enough about them.”

    - Kevin M.
    Working with Mr. Baez and Kimberly was a wonderful experience.

    “Working with Mr. Baez and Kimberly was a wonderful experience. Anytime that you need to enlist legal services there is a certain degree of uncertainty and anxiety.”

    - Kevin M.
    Nothing short of AMAZING.

    “If you are reading this there is no need to look any further! Nelson Baez, Kimberly Simpson, and the team have been nothing short of AMAZING.”

    - Darlene H.
    I would recommend Marci Ball to anyone needing a good and caring attorney.

    “Attorney Marci Ball handled a case for me while I was going through personal trying times. She did so in a very professional and empathetic manner.”

    - Jeannine V.
    If you're in need of an injury lawyer, I would call Scott Smith!

    “I'd like to highly recommend working with Scott Smith and his team. From the first call, I made to his firm everyone treated me with compassion and concern.”

    - Sean Q.
    Highly Recommend

    “Always available, any emails that were sent were promptly answered, we never felt that we were a burden to them. Would highly recommend this firm to anyone seeking a positive outcome.”

    - Tony B.
    These kind folks are highly recommended.

    “Scott Smith was very responsive to my case and kept me well informed about the progress that was being made on my behalf.”

    - Neal H.
    I will always call on Smith, Ball, & Baez, honest, fair, and family.

    “Called looking for a lawyer and was treated more like family. The first person that actually cared about my case other than myself. Marci Ball Elordi exceeded all my expectations, got me back everything I was owed, and more.”

    - Jeff B.
    If I could give them ten stars I would!!

    “The Law Offices of Smith & Ball were awesome from start to finish. They walked me through what was going to happen step by step. Communicated well all the time.”

    - Ryan S.
    Always available and kept my best interest at all times.

    “Marci Ball represented me when I got into a car accident. From the moment I entered her office, she treated me like family.”

    - Hector M.

Get a Free Consultation

From Our Award-Winning Attorneys We're Ready to Fight for the Justice You Deserve
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.