Areas of Practice

Knowledgeable Legal Guidance for Injured Residents of Naples

Most of us hope we never encounter a devastating accident, but the unfortunate reality is that many people are harmed each day by the carelessness of others. Injury attorney Adam Baron can advise people in Naples and other South Florida cities on a wide range of legal actions, including car accidents, slip and falls, and workers’ compensation claims. Accidents are typically sudden and unexpected. They can place financial pressure on the victim and often lead to painful injuries that may require a long time to heal. I can help you investigate your claim, gather evidence, and assert your rights at every step of the process.

Holding a Careless Defendant Accountable for Damages

Both car accident cases and slip and fall claims are considered personal injury actions. This means that a victim usually seeks to establish that the defendant was negligent. The theory of negligence has four separate elements that must be proved in order for the plaintiff to be awarded compensation. The first element is called duty and relates to the level of care that the defendant was required to exercise with regard to the victim at the time of the accident. In general, the duty of care requires us to act with the ordinary care and skill that a reasonably prudent person would use in a similar situation. In a car accident case, this standard takes into consideration the weather, road, and traffic conditions that were occurring at the time of the collision. In the context of a slip and fall case, businesses have a duty to maintain their premises in a reasonably safe condition and to provide a warning to patrons of any known dangerous conditions.

The second element is called breach. It requires the plaintiff to prove that the defendant failed to act according to the applicable duty. Running a red light, failing to yield at an intersection, texting behind the wheel, or driving while drunk are common examples of breaches in the context of car accidents. Meanwhile, a convenience store that fails to clean up a spilled soda on the floor after a long time has passed also likely has violated the duty of care.

In the next stage, known as causation, the plaintiff must show that his or her injuries would not have occurred but for the defendant’s breach of the duty of care. In some cases, an expert witness or accident reconstructionist will be necessary to explain how the defendant’s breach resulted in the accident and caused the plaintiff’s harm. Finally, the plaintiff must offer evidence supporting the damages that he or she is claiming in the lawsuit, like medical bills, lost wages, loss of future earning capacity, property damage, and pain and suffering.

Pursuing Workers’ Compensation Benefits

An accident or illness that occurs during the course and scope of an individual’s job is generally a basis for securing benefits through the Florida workers’ compensation system. This no-fault form of insurance provides injured workers with compensation for their harm in the form of benefits payments. In exchange, the employer is free from liability for the accident through a negligence claim. To recover benefits, an injured worker must promptly file a claim and receive a medical examination from a specified physician. In calculating the scope and duration of benefits that may be available, it will be important to determine whether the harm sustained is temporary or permanent, and whether the injuries are partial or total. Benefits also may be available for aggravations of pre-existing conditions, as well as for family members who lose a loved one in a fatal workplace accident.

Enlist a Naples Attorney for a Negligence or Work Injury Claim

Whether you have been involved in a car accident, a slip and fall, or a job-related mishap in Naples or the surrounding cities, personal injury and workers’ compensation lawyer Adam Baron is here to help. I can assist injured individuals throughout South Florida, including in Coral Springs, Miami, Tamarac, and other areas of Broward and Miami-Dade Counties. I offer a free, confidential consultation to help you understand your rights and options. You can reach the Law Offices of Adam Baron 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.