Experienced Injury Attorney Dedicated to Serving the Naples Area
There are few things that are more disruptive to your life than a car crash, a slip and fall, or an incident at your workplace. Having practiced for over 20 years, injury lawyer Adam Baron knows how people in Naples and elsewhere in South Florida may be affected by an accident. Our team of dedicated legal professionals can investigate the details of your situation, advise you on whether you may have a claim, and advocate tenaciously for you in settlement negotiations or the courtroom. We have offices in Broward and Miami-Dade Counties as well as in the Naples/Fort Myers area.
Pursuing Damages through a Negligence Claim
A personal injury lawsuit typically unfolds as a negligence action. In general, the legal principle of negligence requires each of us to act with the same ordinary care and skill that a reasonably prudent person would use in a similar situation. This is also sometimes referred to as the standard of care.
How the standard of care is defined in a particular case may vary depending on the type of behavior involved. In operating a motor vehicle, for example, the proper level of precaution requires a driver to obey all traffic laws and take relevant weather and road conditions into account. Falling short in one of these areas may result in liability, since it likely would constitute a breach of the duty of care.
Another common type of personal injury suit based on negligence is a premises liability case, often known as a slip and fall. According to Florida law, property owners have a duty to maintain their premises in a reasonably safe condition and in some instances to warn guests about any known dangerous conditions on the property. In a premises liability claim, the plaintiff will have the burden of showing that the defendant owed him or her a duty to ensure that the premises were safe, or to warn of dangerous conditions, and that the defendant failed to abide by this duty.
After proving that the defendant owed the victim a duty and that the defendant breached it, the plaintiff must prove the third element of a negligence claim, which is called causation. This means that he or she must show that the accident would not have occurred but for the defendant’s negligence. In some cases, the defendant may argue that the victim was at least partly responsible for the accident. Even if this is true, however, Florida’s rule of pure comparative fault allows the victim to recover a reduced amount of damages that is proportionate to the defendant’s degree of responsibility.
Finally, the plaintiff must provide evidence supporting the damages that he or she has sustained. Some common examples include medical expenses, physical therapy costs, lost wages, pain and suffering, and property damage. The damages must be reasonably quantifiable, but they can be non-economic as well as economic.
Navigating the Florida Workers’ Compensation System
Many accidents happen while the victim is at work. According to Florida law, an injured employee may seek compensation from his or her employer for harm incurred within the course and scope of his or her occupation. A workers’ compensation claim must be filed through this state program. It usually involves working with the employer’s insurance company to process the claim and receive benefits. Injuries are categorized according to whether they are partial or total, and according to whether they are temporary or permanent. Seeing a qualified medical professional is also an important step of adjudicating your workers’ compensation claim and pursuing the full benefits award that you deserve.
Protect Your Rights after an Accident by Enlisting a Naples Lawyer
If you or someone you love has been hurt in an accident in the Naples area, personal injury and workers’ compensation attorney Adam Baron can assert your rights. I have represented people throughout South Florida, including in Broward and Miami-Dade County cities such as Coral Springs, Miami, and North Miami Beach. With three office locations throughout the region, I offer a free and confidential consultation to help you understand your rights. You can reach us in Broward County at (954)-247-4878, in Miami-Dade at (305) 770-2131, in Naples/Fort Myers at (239) 352-5511, or through our online form to schedule an appointment.