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.

What Does a Personal injury Lawyer Do?

A personal injury attorney can help protect your rights and ensure that you are fully compensated for the damages suffered as a result of your injuries. Your Naples injury lawyer will have experience:

• Reviewing the facts of a case to determine if legal action is warranted
• Investigating and gathering evidence related to personal injury cases
• Identifying all parties who may be held liable for an injury
• Calculating damages, including medical bills, lost wages, and pain and suffering
• Negotiating with insurance companies on behalf of personal injury victims
• Filing personal injury lawsuits in court when necessary
• Representing personal injury victims at trial or arbitration hearings
• Appealing unfavorable personal injury decisions in higher courts as needed

Smith, Ball & Báez has decades of experience representing individuals and families who have been harmed by another person's negligence. Our personal injury attorneys in Naples, FL are here to provide knowledgeable advice and aggressive representation. We will fight to make sure that justice is served and that our clients receive the maximum compensation they are entitled to under the law.

What Are the Common Causes of a Personal Injury Accident?

In Florida, personal injuries are often caused by someone not being careful. This can happen when someone drives a car too fast or doesn't pay attention to the road. Other times, personal injuries can happen due to dangerous conditions on property such as slippery floors or broken stairs. Personal injury can even happen if a person uses an object in a manner for which it was never intended to be used.

Other common causes of personal injuries include, but are not limited to:

• Defective Products: Manufacturers have a responsibility to ensure that their products are safe for consumer use. When a product is defectively designed or manufactured, it can cause personal injury when used as intended or in an unexpected way.
• Motorcycle Accidents: Motorcycles offer riders little protection against the forces of impact during an accident; thus, motorcycle crashes often result in serious personal injuries for those involved.
• Dog Bites/Animal Attacks: Animal owners have certain responsibilities with regard to controlling their animals’ behavior. If these rules are not followed and a person suffers personal injuries due to an animal attack, the owner may be liable for damages caused by his/her pet’s actions.
• Medical Malpractice: Doctors owe patients a duty of care. When medical professionals fail to meet this standard of care, personal injuries may result and the doctor or hospital may be liable for damages.

In these cases, a personal injury attorney in Naples can help you get the compensation you need if you have been injured due to another person's negligence.

What Type of Compensation Can an Injury Attorney in Naples Recover?

When personal injury victims turn to our law firm for help, we aggressively pursue all forms of compensation that may be available under the law. Depending on the facts of each case, personal injury claimants may receive damages for past and future:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress
• Loss of consortium/companionship (in wrongful death cases)

In some personal injury cases, punitive damages may also be awarded if a defendant’s conduct was particularly egregious. Our personal injury lawyers in Naples will explain all of your options, and fight to ensure that you receive all of the compensation that you are owed.

Contact our personal injury law firm today for a free consultation. You can call (561) 500-HELPor submit a secure online contact form to get started. Smith, Ball & Báez is here to help!

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.

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.