Martindale Hubbel AV Preeminent 2016
Avvo Rating 10.0 Superb Top Attorney Litigation
Avvo Client's Choice 2015 - Bankruptcy
Florida Legal Elite - 2011-2015
Super Lawyers

Auto Accidents

Auto Accidents

Being involved in an auto accident, even a seemingly minor accident, can be a very traumatic experience. Even impacts that are relatively minor, can still cause significant injury to a person. Just consider that our bodies were not designed to experience the forces involved in a motor vehicle impact.

Damages from minor impacts can cause damage to the soft tissues in your body which can result in very painful and debilitating injuries. That is for a minor impact. For a more significant impact the damages can range from broken bones, paralysis and too often, death. We can help you navigate the insurance claims process and prosecute your claim for damages when, as too often happens, the insurance carrier denies or lowballs your claim.

Why should you pursue a claim if you are in an accident?

You must understand that pursuing an insurance claim does not make you “one of those people” who is “sue happy” or litigious. Insurance carriers will take advantage of your desire to be a reasonable person and not seek an undue windfall. However, by being such a “reasonable person” you are causing a second injury to yourself financially by allowing the insurance company to keep money that is rightfully due to you under the American justice system. The insurance carrier would like you to believe there is a litigation crisis in the United States, but they have not provided data to support this claim. However, insurance company profitability continues to be on the rise.

What is involved in a accident claim?

All tort claims involve your attorney establishing liability and damages. Basically, who’s fault is the accident and how bad were you hurt. In Florida, we must analyze any comparative fault to see how much fault can be charged against you by a jury if the case proceeds to trial. For damages we must calculate the total cost of your medical damages as well as any other costs of the accident you have suffered. This could include lost wages and property loss.

Can I recover for pain and suffering?

Florida does not allow for recovering of pain and suffering unless you meet certain statutory criteria. Essentially, these criteria are a permanent injury, scarring or loss of an important bodily function. One of our attorneys in Cape Coral can assist you in the legal analysis of whether you do or do not meet this threshold.

What is my job in the accident claim?

We want you to get better. No matter how much money we can recover for you it will never fully compensate you for a lifetime of pain or a significant disability. You need to take your recovery seriously and follow the treatment plan prescribed by your medical professional. While you are treating we will be pursuing your claim with the insurance carrier.

What do I do if I’ve been in an accident?

Call law enforcement and 911. Take care of any emergency medical conditions. Help anyone who is hurt. Be a good citizen! Take lots of photos of your vehicle, the other vehicles involved in the accident. Get photos of the scene if possible.

When we meet, we will need a copy of your insurance contract and any medical records you have to date. Do not delay in contacting a law firm, the day of the accident is not too late. Evidence disappears and memories fade.

Do I need to pay the attorney if I lose?

No. We operate under the agreement with you that if we are unable to obtain a recovery for your claim, then you owe us nothing for fees and costs.

Client Reviews
Very professional law firm.The support staff does not try to blow you off or make judgments on your case or incident, when you initially call for help. They get you in quickly to see one of their very qualified experienced attorneys. The follow up is great and they keep you up dated through out your case and litigation. John D.
My wife and I have retained The Martin Law Firm to assist us with an important legal problem. They exhibit professionalism and kindness. I wouldn't hesitate to recommend them for your legal needs. Larry N.
The Martins have always treated our concerns with a professional and courteous manner. They, as well as their associates, are always available to answer questions in a way that is easy to understand. Thank you for handling our legal concerns. Anita S.
Professional courteous staff that helped me through such a confusing time. Always there to answer all my questions no matter how big or small. They made a difficult situation seem much easier to go through thanks to all their hard work, communication and friendliness. Oscar R.
The Martin Law firm is top notch from the office staff to the attorney's. They are quick to respond to email and phone messages and you feel incredibly valued as a client during and after the court proceedings. We highly recommend them and will continue to use them in the future if the need arises. Scooter C.