Naples is a city located in Collier County with a population of over 20,000 residents. Located on the Gulf of Mexico in Southwest Florida, it has evolved into a popular vacation destination for many visitors from around the United States. People there can enjoy a number of pristine beaches, including Naples Beach, Lowdermilk Beach, Vanderbilt Beach, and Lely Barefoot Beach. Golf is also a big part of Naples and its history. The city is home to a number of golf courses, such as Collier’s Reserve, the Country Club of Naples, and Naples Golf Club South. Despite these picturesque surroundings, a number of people fall victim to accidents in this area each year. If you or a loved one has been hurt near Naples by somebody else's negligence, the experienced injury lawyers at Frankl & Kominsky can try to help you seek the compensation you deserve. We are available to handle a broad range of accident claims, such as those involving automobile crashes, truck accidents, wrongful death cases, medical malpractice, slip and falls, defective products, and more.Filing a Negligence Lawsuit in Florida
When you’ve been harmed due to the fault of another person or company, you can take legal action against the responsible party through a negligence claim. This may arise when someone fails to exercise the degree of care expected of someone in that situation to minimize the risk of foreseeable harm to others. Negligence forms the basis for most injury lawsuits.
In a successful claim based on this theory, the plaintiff must show the following elements:
- The defendant owed the plaintiff a duty of care to behave in a prudent manner;
- The defendant breached that duty of care;
- The defendant’s breach was the direct cause of the accident; and
- The plaintiff incurred quantifiable damages as a consequence.
A duty of care can arise in a number of situations. A common scenario is the obligation of a motorist to observe traffic laws. A driver who fails to stop at a stop sign and hits a pedestrian probably would be deemed negligent. The injured person could show that the driver’s failure to stop at the stop sign constituted a breach of the duty of care and was the direct cause of his or her harm.
When a plaintiff seeks compensation, the amount of money they ultimately receive is based on the nature and extent of the injuries suffered. Generally, a victim can seek to recover the full amount of medical bills, loss of income, pain and suffering, rehabilitation costs, property damage, loss of future earning capacity, and any other expenses arising from or associated with the accident.
In order for the victim to hold the at-fault party responsible, he or she must file an injury claim within the applicable statute of limitations. In the state of Florida, a lawsuit must be filed within four years from the date of the accident. In the event that your loved one has been killed due to the negligence or the misconduct of another, you may have the right to file a wrongful death claim on behalf of your relative within two years from the date of his or her loss.Enlist a Lawyer serving Naples After an Accident
Injury cases can be complicated, since they are typically very fact-intensive and require rigorous evidence gathering. . At Frankl & Kominsky, our knowledgeable accident attorneys are ready to devise a strategy for your Naples injury claim so that you can try to seek the maximum compensation available. We take pride in getting to know our clients and their stories. We are available to serve clients throughout South Florida, including Collier County and Palm Beach County. For a free case evaluation, you can contact us online or call us toll-free at (561) 708-5868. We speak Spanish and Creole.