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.
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:
- Boat accidents
- Car accidents
- Medical malpractice
- Motorcycle accidents
- Premises liability
- Product liability
- Truck accidents
- Wrongful death
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.
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.
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.