Naples injury lawyers

Published on: March 31, 2025

Why Naples Injury Lawyers Conduct Case Valuation at the Outset

Naples injury lawyers case valuation Knowing your worth is important in life. As it turns out, it’s important in personal injury cases too. Accurately estimating the monetary value of a personal injury case is one of the first orders of business for newly-hired Naples injury lawyers. It’s not that we see clients as dollar signs or that high-value cases are the only ones worth pursuing. (Far from it, actually). Rather, an accurate case valuation is what allows us to both formulate effective legal strategies and set realistic expectations.

One of the first steps Naples injury lawyers take when filing a claim for damages is to send a demand letter. In that letter, we’ll outline the dispute and then explicitly request a specific action the other party can take to resolve the issue. That request usually includes payment of a specific dollar figure as compensation for certain losses. By the time we send that letter, we’ve got to know what fair compensation looks like for our client – and be ready to make a strong case to justify why we’re asking for that amount.

Beyond that, having a well-supported estimate of the case value is vital for:

Informed decision-making. It allows us to make educated choices about settlement offers versus proceeding to trial. This is important because if we reject a reasonable settlement offer from the defendant, it could have big consequences. Even if we win, our client might have to pay the other side’s attorney’s fees if the final dollar amount awarded is within a certain range of a previously rejected settlement offer.
Strategic planning. Naples injury lawyers can develop tailored legal strategies that align with the case’s potential value. The estimated value of certain damages can play a role in whether we agree to certain compromises or insist on holding the line.
Expectation management. Accurate financial valuations help clients know what to expect. We can never guarantee a specific outcome when we accept a case. But we can often give clients a fairly good idea of what’s likely to happen. We never want to disappoint, and clients have a right to know what results are realistic. A meticulous case valuation allows us to give a clearer outline of our goals and what’s within the reasonable range of possibilities.

Types of Damages in Naples Personal Injury Cases

To accurately estimate the value of a Collier County personal injury case, we have to start by knowing what types of damages a plaintiff can legally pursue. Florida law recognizes several categories of recoverable damages in personal injury cases. These include:

Economic damages. These are tangible, quantifiable losses the victim incurred as a result of the injury. Examples include medical expenses (past and future), lost wages, loss of earning capacity, property damage, etc.
Non-economic damages. These are the subjective, non-tangible losses that don’t have an exact price tag, but for which courts will work to affix a monetary value. These include things like pain and suffering, emotional distress, loss of life enjoyment, and loss of companionship.
Punitive damages. Punitive damages are intended to punish a defendant for particularly egregious actions or gross negligence. They are also used to send a strong message that would deter others from engaging in similar misconduct. Per F.S. 768.72, Naples injury lawyers must indicate at the very beginning of a case whether they intend to ask for punitive damages. It’s up to the court to allow this request, which is typically only granted in cases of clear intentional misconduct and/or gross negligence. Punitive damages aren’t typically awarded in personal injury cases. However, because they can result in a damage award that is three times the amount of compensatory damages or up to $500,000 (whichever is higher), they can significantly impact case value.

Published on: June 13, 2023

“Can I Still Win a Florida Injury Lawsuit if I Signed a Waiver?”

by Leland Garvin

Florida injury lawsuit waiver of liability Florida is a vacation destination, and many find opportunities here to engage in activities for which businesses require you to sign a waiver, releasing them from liability if you get hurt. Such excursions include things like parasailing, boating, go-kart racing, trampoline park jumping, golf cart driving, and Jet Ski riding. But while waivers and releases are generally enforceable in Florida, your hope of winning a Florida injury lawsuit may not be entirely lost. If you or a loved one is seriously injured in an activity for which you signed a waiver, it’s important to avoid any presumption that you don’t have a case until you’ve had a chance to talk to a skilled personal injury lawyer.

The enforceability of a waiver often comes down to the precise language it contains compared to the exact details of what happened to cause your injuries.

A prime example of this was the 2014 non-precedential opinion of Florida’s 5th District Court of Appeal in Gillette v. All Pro Sports, LLC. Here, a woman was injured in a go-kart accident at a facility operated by the defendant. The injured woman alleged an employee of the facility increased the speed of the go-karts during the race, resulting in her loss of control of the vehicle and subsequent crash into a railing that resulted in injuries. She sued for her injuries under the legal concept of negligence.

In its defense, the facility cited a waiver of liability that the woman had signed prior to getting on the go-kart. The trial court granted summary judgment favoring the defendant. The appellate court reversed meaning that she was allowed to sue and have her case move forward.

Firstly, any clause of a contract that aims to deny an injured party the right to recover damages from the party that negligently caused the injury is to be strictly construed against the party seeking to avoid liability. Secondly, if such clauses are to be enforceable, they must be blatantly clear and understandable so that any ordinary person would know exactly the rights they’re foregoing by signing.

Here, the waiver indicated the user would: Continue reading

Published on: January 21, 2021

Speeding Driver Liability in South Florida Car Accident Lawsuits

by Leland Garvin

South Florida car accident lawsuits

The National Highway Traffic Safety Administration recently tweeted that speeding-related car accident deaths are up all over the country – in some areas, as much as 15 percent. As the agency pointed out, the higher the speed, the worse the crash-related injuries. What is also relevant for those weighing South Florida car accident lawsuits is that high speed can factor significantly in crash liability.

According to the Insurance Institute for Highway Safety, speed is one of the most common – and dangerous driver behaviors – with an estimated 1/3 of all deadly crashes involving at least one speeding driver. Part of what makes speeding such a threat is that so many drivers consider it innocuous and make excuses for it. (“I was running late,” “everyone else on the road is going 70+mph,” “I’d be in more danger going slow than fast on Florida highways,” etc.). In reality, speeding has dangerous consequences, among them being:

Reduced ability to maneuver around roadway obstructions or negotiate curves.
Longer time/distance needed to stop safely.
The distance a vehicle travels while speeding driver reacts to a hazard is increased, meaning there is greater potential for more injuries/people affected.
Increased risk for both crashes and injuries because neither drivers nor pedestrians can quickly and accurately assess a speeding vehicle’s distance.

Car accidents killed more than 36,000 people nationally in 2019. As one analysis by ProPublica revealed, the risk of serious injury and death increases rapidly with each mile-per-hour increase. A person is 70 percent more likely to be killed if they are struck by a car traveling 30 mph compared to one traveling 25 mph.

Naples injury lawyers can explain, there is little question that excessive speed can be the basis of liability in South Florida car accident lawsuits. How big of a role it plays will depend on the underlying facts of the case.