Naples Personal Injury Lawyer
As defined by the American Bar Association, “personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.” Most personal injury cases are based on negligence, meaning the other party didn’t intentionally hurt you, but they acted or failed to act in an unreasonable way that breached the duty they had to act toward you in a careful manner. Causing a car accident by speeding or distracted driving is just one example of negligence.
In a personal injury case, the burden falls on the accident victim to prove that the other party was negligent and that their negligence is responsible for the accident and injury. Victims also have to prove how they were injured and in what ways the other person’s negligence has harmed them. These two issues – liability and damages – are the main elements of a personal injury case. Either one or both could be disputed by the negligent parties, who are most often represented by their insurance companies that hire large law firms that practice exclusively in the area of insurance defense.
Our Naples personal injury lawyers are dedicated to helping accident victims in Southwest Florida recover a full and fair amount of compensation when they’ve been injured by the negligence of another. We put in the time and effort to win significant results for injury victims while devoting our attention to client care, making sure our clients are kept informed on their case and get the attention they deserve from their attorney. Our comprehensive personal injury law practice encompasses a wide variety of injuries and accidents in Naples and Southwest Florida, including:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Boating Accidents
- Distracted Driving Accidents
- Drunk Driving Accidents
- Uninsured Driver Accidents
- Uber/Lyft Accidents
- Premises Liability
- Golf Cart Accidents
- Medical Malpractice
- Construction Accidents
- Nursing Home Negligence
- Wrongful Death
Learn more below about how Cardinal Law can help if you’ve been injured in an accident. For immediate assistance, call us at 239-610-0845 or contact us online.
Proving Liability in a Naples Personal Injury Case
Proving liability in a personal injury claim requires proving the other party acted negligently and that their negligence is both the “factual” and “legal” cause of the injury. Doing this requires an understanding of the law and legal terms and also knowing what evidence will be persuasive and how to collect it. All of this information must be put together in a strong case that persuades the insurance company to agree to a fair settlement or will convince a jury to decide for the plaintiff if the case goes to trial.
Meanwhile, defendants and their insurance companies have many ways to dispute their liability by claiming someone else was responsible or the accident didn’t happen the way you say it did. Often, they will try to shift the blame onto you, saying you are the one at fault for causing the accident. If they can convince a jury that you are even partly to blame, it will reduce the amount they have to pay you. As we work to build a strong case proving the other party’s negligence, we also work to ensure you are not unfairly blamed for contributing to the accident. Juries might want to compromise and say each party was partly to blame, but we fight to make sure that any decision is reflective of the actual facts in the case.
Proving Damages on a Naples Personal Injury Claim
Damages in a personal injury case include compensatory damages meant to compensate the victim for the harm they suffered. Compensatory damages are both “economic” and “non-economic.” Economic damages include losses such as medical bills, lost income, and property damage. Noneconomic damages, on the other hand, include harm such as the victim’s pain and suffering, mental anguish or emotional distress, scarring and disfigurement, permanent disability, loss of companionship, or loss in quality of life.
In cases where the defendant is guilty of gross negligence or intentional misconduct, the defendant might also be liable for punitive damages, meant to punish the defendant for unacceptable conduct and serve as an example to others. Punitive damages can be triple the amount of the compensatory damages or $500,000, whichever is higher. Although it is harder to get punitive damages, our team at Cardinal Law doesn’t shrink from putting in the extra effort in appropriate cases to get the maximum justice and compensation for our clients.
Defendants and insurance companies use many tricks to get out of paying what they owe. They’ll offer a quick cash settlement before you’ve had a chance to talk to an attorney and gain an understanding of how much your claim is worth and how much compensation you’ll need to deal with your damages. They’ll also dispute your injury, saying it isn’t serious, it couldn’t have happened in the accident, or it came from some pre-existing condition or other source.
Cardinal Law Can Help With Your Naples Personal Injury Claim
After an accident in which you’ve been hurt, it’s important to seek medical help and legal advice right away. Both are essential to making sure you are properly taken care of after an injury that wasn’t your fault. Cardinal Law can take care of all the legal aspects of your claim. While you concentrate on getting better and getting your life back in order, we concentrate on getting the maximum compensation available for your injuries. After a car accident, slip and fall, or other injury or accident in Naples or Southwest Florida, call Cardinal Law at 239-610-0845 for a free consultation. We take these cases on a contingency fee basis, meaning we only charge a fee if we are successful in getting compensation for you.