Naples Personal Injury Lawyers

Personal Injury Cases in Collier County

Smith, Ball, Báez & Prather 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.

• Boat Accident
• Car Accident
• Medical Malpractice
• Motorcycle Accident
• Premises Liability
• Product Liability
• Truck Accident
• Wrongful Death

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 defendants 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 defendants negligent, wrongful, or intentional conduct was the direct or proximate cause of your injuries and resulting damages

At Smith, Ball, Báez & Prather, 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 clients 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 wont 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 & Prather 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.