dmartinez@themartinezfirm.com
786-536-5221

Practice Areas

Personal Injury

The loss of a loved one has a significant impact which is extremely difficult to overcome.  When their untimely death occurred as the result of the negligence or misconduct of another person, it can become virtually impossible to deal with their loss.  Florida law affords certain relatives the right to claim certain damages resulting from the loss of their loved one.  It is important to understand that Florida law also imposes a time limit to assert a claim for wrongful death.  While the impact of losing a loved one is overwhelming, it is important to consult with an attorney quickly to preserve your right to file a suit seeking damages.

An automobile accident can leave you or a loved one with several different challenges from injuries, medical care and property damage.  When the car accident was the result of the negligence of someone else, Florida law enables you to seek damages against the driver and owner to compensate you for your losses which may include pain & suffering as well as the expenses related to medical care and property damage.  Handling the various potential claims after a car accident can be difficult and impact your ability to recover certain benefits in the future.  Once you address emergency health issues/injuries as a result of the accident, it is important to consult with an attorney to understand the different aspects of your claims and preserve your rights under Florida law.

An accident involving a heavy-duty truck or large commercial vehicle (such as a semi-truck, tractor-trailer, garbage truck, tanker truck, flatbed truck, box truck, tow truck or bus) can often result in catastrophic injuries and even death.  Accidents involving commercial vehicles present a host of issues which are different than an automobile accident and require an attorney to ensure your rights are protected.  Once you address injuries resulting from the accident, it is important to consult with an attorney to understand the different aspects of your claims and preserve your rights under Florida law.

If you or a loved one is involved in an accident while riding a motorcycle, the result can be catastrophic injuries and even death. Motorcycle accidents present a host of issues which are different than an automobile accident and require an attorney to ensure your rights are protected.  Once you address injuries resulting from the accident, it is important to consult with an attorney to understand the different aspects of your claims and preserve your rights under Florida law.

A accident occurring while riding a bicycle can easily result in catastrophic injuries or even death. If the accident was the result of someone else’s negligence, Florida law affords you the right to seek compensation for several different claims.  If you or a loved one suffered injury in a bicycle accident resulting from someone’s negligence, seek medical attention and consult with an attorney to preserve your rights.

Florida is often referred to as the “Boating Capital of the World” based upon the year-round warm climate and ease of access to fresh and salt water. With so many people out on the waterways it is important for boaters to be safe and follow Federal and Florida navigation laws.  Unfortunately, accidents on the water can lead to catastrophic injuries and even death.

If you or a loved one suffered injury due to another’s negligence while on the water, seek medical attention and consult with an attorney to preserve your rights.

Millions of passengers come to South Florida each year for a vacation on a cruise ship. An accident occurring while you or a loved one is a passenger on a cruise can often result in severe and long-lasting injuries or even death. Claims against cruise ship companies are extremely complex and require a knowledgeable attorney to properly investigate and handle the matter effectively. If you or a loved one suffered injury while as a passenger on a cruise, seek medical attention and consult with an attorney to preserve your rights.

Premises liability in Florida generally describes the potential for a property owner to be responsible for any injuries caused by unsafe conditions due to their negligence.  Property owners in Florida, whether public or privately owned property, are responsible for keeping their property safe for guests or visitors.  If a property owner fails to do so, they may be deemed to be negligent and responsible for any resulting injuries. If you or a loved one is injured at another’s property, including businesses, stores and homes, you may be entitled to seek compensation for your medical expenses, lost wages as well as pain and suffering. After an accident, seek medical attention and then immediately consult with an attorney to preserve your rights.

Trip and/or slip and fall accidents can often occur when least expected and result in serious injuries affecting your quality of life for years to come.  In Florida, property owners can be responsible for any injuries caused by unsafe conditions due to their negligence. Unsafe conditions that could result in one of these types of accidents include foreign substances on the floor, merchandise or boxes left in walkway and even heavy stock items falling off shelves.  If you or a loved one is injured after a slip and/or trip and fall accident, you may be entitled to seek compensation for your medical expenses, lost wages as well as pain and suffering. After an accident, seek medical attention and then immediately consult with an attorney to preserve your rights.

If you are injured in a workplace accident, it can leave you or a loved one with serious injuries, medical expenses, loss of income as well as the ability to work in the future. An accident occurring at work can afford an individual the right to file a claim under Florida’s workers’ compensation laws for medical treatment and additional benefits.  If the accident was the result of a third party’s negligence you may be able to seek damages well beyond any workers’ compensation benefits.  In the event of an injury at the workplace, seek medical attention, notify your employer and then immediately consult with an attorney to preserve your rights.

Dog bites can result in severe injuries, medical expenses, loss of income and additional damages.  Florida law holds the owner of a dog strictly liable for injuries caused by their pet provided you are in a public place or even the property of the animal’s owner provided you are there lawfully. Under this theory, the victim does not need to establish the dog owner’s negligence and can seek compensation for medical expenses, lost wages as well as pain and suffering. Florida law does provide exceptions which preclude a dog owner’s liability in certain circumstances which is why you need an attorney to properly evaluate your claim. If you or a loved one is the victim of an attack resulting in injuries by a dog or any other animal, seek medical attention and then immediately consult with an attorney to preserve your rights.

Insurance Law

If you suffer damage to your home as the result of a storm, fire or other event, you will likely be forced to deal with your insurance carrier.  Homeowner’s claims can be extremely complicated and dealing with representatives of your insurance company can leave you frustrated and overwhelmed. Our firm has handled numerous insurance claims on behalf of homeowner’s including litigation throughout South Florida.  If you are dealing with an insurance claim related to your home or business, feel free to contact us for a free consultation.

An automobile accident can result in a host of serious issues even if you are not physically injured.  If your automobile was damaged there are immediate problems you will need to deal with such as how will your car be prepared or how will you get to and from work. If your vehicle is severely damaged additional issues arise which include attempting to recover the value of the vehicle. If you are involved in an accident which results in damage to your vehicle, you may be able to file an insurance claim against your own insurance company.  If you are dealing with an insurance claim related to your vehicle resulting from an accident, feel free to contact us for a free consultation.

Real Estate

Contracts are the basis of all transactions concerning real estate outlining the specific terms and conditions associated with the deal.  Often, a disagreement, or dispute, arises for any number of reasons resulting from a party’s failure to comply with the agreement. An attorney with experience handling and litigating contractual disputes is essential to understanding your rights and potential exposure. If you have any questions concerning a real estate transaction or the interpretation of a contract or dispute, contact us for a consultation.

Disputes between landlords and tenants are very common in South Florida and arise from a variety of different scenarios. Landlord/tenant disputes can be extremely stressful and leave you uncertain of your future in either a commercial or residential setting.  The laws that apply to a commercial tenancy are completely different than a residential tenancy which is why it is important to consult with an experienced attorney that can help you understand your specific situation and help develop a strategy to achieve the best result. We have handled numerous commercial and residential disputes on behalf of both landlords and tenants including lease interpretation, negotiations, general disputes and evictions. If you have any questions concerning a commercial or residential tenancy, contact us for a consultation.

If a lender initiates a foreclosure action against you it can be one of the most difficult times in your life. As difficult as the situation may be, it is important to understand the foreclosure process and explore any potential options available.  We have handled and litigated foreclosure cases in South Florida since 2010 and can help you navigate this process explaining various options or defenses which may be available to you. If you have any questions concerning an action for foreclosure, contact us for a consultation.

Employment Law

If you believe you are owed wages by your employer you should consult with an attorney to determine any potential claims you may have as well as the options available to you. You may be owed wages for a variety of different reasons including unpaid bonuses, unpaid commissions, your final paycheck or other reasons.  If you believe your employer owes you any wages, please feel free to contact us for a free evaluation.

Many employees work more than 40 hours per week.  While some workers are exempt, Federal and State law affords many employees the right to time and a half (1.5 multiplied by your regular pay) for any hours worked that exceed 40 in a week.  It is important you consult with an attorney to determine any potential claim you have for unpaid overtime wages.  If you believe your current or previous employer failed to pay you overtime wages, please feel free to contact us for a free evaluation.

Employers in Florida must pay their employees the hourly state minimum wage for all hours worked. On November 3, 2020, Florida voters approved a constitutional amendment to gradually increase the state’s minimum wage each year until reaching $15.00 per hour in September 2026. On September 30, 2024, Florida’s minimum wage increased to $13.00 per hour. Each year thereafter, Florida’s minimum wage will increase by $1.00 until the minimum wage reaches $15.00 per hour on September 30, 2026. If you believe your current or previous employer failed to pay you minimum wages, please feel free to contact us for a free evaluation.

Ensuring a business is in compliance with Federal and Florida laws and regulations is essential and requires an ability to identify potential issues regarding its employees. Our firm can assist you in a variety of different ways from employment contracts, non-compete agreements, executive contracts, severance agreements, classification of employees and termination.  If you have any questions regarding your company’s compliance with Federal and Florida laws concerning employees, please feel free to contact us for a free consultation.