Law Office of Octavio L. Martinez

Attorney at Law

Personal Injury


Since 2005, our firm has handled all types of personal injury matters, on a contingency fee basis.  That means you pay no fees or costs, unless we recover money for you.  Octavio L. Martinez, Esq. prides himself in being personally involved in each and every case.  That means your initial free consultation will be handled by him, not an investigator or a secretary.  If you retain the firm, you will always be able to speak with Mr. Martinez about your case.

No case is too small or too big.  We have represented individuals involved in accident ranging from slip and falls with minor injuries, to serious automobile collisions resulting in catastrophic injuries.  Regardless of the type of case you have, it will receive the personal attention that it deserves. 

            We handle cases in the following areas:

            Automobile Accidents;

            Slip/Trip and Falls;

            Dog Bites;

            Medical Malpractice;

            Motorcycle Accidents;

            Bicycle Accidents;

            Construction Site Accidents;

            Nursing Home Neglect;

            Boating Accident;

            Negligent Security;

            Insurance Claims;

            Defective Product Liability Claims.

            If you or a loved one has been injured as a result of an accident, call (305)274-2321.  Learn your rights.  There is no obligation, and if you can’t come to us, Octavio L. Martinez, Esq. can visit you in your home or hospital. 

The Process 

            The first step in handling a personal injury case is identifying the negligent party and determining whether it is viable to collect damages from said party, through insurance or otherwise.  If there does appear to be a case against the responsible party, an investigation is conducted to collect all the information necessary to prove the case against the negligent party.  Depending on the case, this process sometimes involves the hiring of private investigators or accident reconstructions experts.  During this process, the injured party is receiving treatment for their injuries.  Generally, once the investigation has been concluded and the injured party has finished treatment, a pre-suit demand is sent to the responsible party or their insurance company.  This is an attempt to settle the case without litigation.  The benefits of an early settlement are:

  1. That the client receives compensation sooner than if litigation were initiated
  2. The client pays less in attorney’s fees
  3. The client pays less costs.

However, if a pre-suit settlement will not in the client’s best interest, then a lawsuit is filed.  The litigation process involves three basic steps:

  1. Discovery.  This is the process under which both sides collect information.  It involves the productions documents; answering interrogatories, depositions, and examinations of the client by physicians selected by the insurance company, often referred to as IMEs.
  2. Mediation.  This is an informal settlement conference that must be done in every case, prior to Trial.
  3. Trial.

The entire process can take several months to several years.

            Octavio L. Martinez, Esq. will be there every step of the way, to explain the process, and give you legal advice.

 

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