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Winter Haven Pedestrian Accident Attorney

blurred motion scene from inside a car shows a driver’s hands raised in panic as a pedestrian

Winter Haven Pedestrian Accident Lawyer

Pedestrian accidents in Winter Haven, Florida, are a growing concern. Whether walking to work, crossing the street near a shopping plaza, or enjoying a stroll in the park, pedestrian safety should be a top priority for all. Unfortunately, data shows that pedestrian deaths are rising not only statewide but right here in Winter Haven and throughout Polk County.

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 10,306 pedestrian crashes in Florida in 2023, resulting in 791 fatalities and nearly 7,000 injuries. In Polk County alone, there were 346 pedestrian crashes, 240 injuries, and 25 pedestrian fatalities in 2023. These figures show a slight increase in injuries from 2022, reflecting a dangerous trend.

Those who have been injured in a Winter Haven pedestrian accident may suffer life-changing consequences. Beyond the physical injuries, victims often face long-term impairments, emotional trauma, time away from work, and mounting medical bills. In some cases, an accident involving a pedestrian may even be fatal. If you have lost a loved one in a Winter Haven pedestrian accident, the team at Kemp Injury Law is available to help you pursue a wrongful death lawsuit.

If you or a loved one has been injured or if you’ve lost a family member in a Winter Haven pedestrian accident, Kemp Personal Injury Law is here to help. Our team understands how devastating these incidents can be, and we are committed to helping you seek full and fair compensation from the at-fault party.

Common Causes of Pedestrian Accidents in Winter Haven

Winter Haven’s warm weather year-round makes it a walkable community for residents and tourists alike. However, with increased foot traffic comes a higher risk of pedestrian accidents, particularly when drivers or pedestrians act negligently.

Some of the most common causes of pedestrian accidents in Winter Haven include:

1. Distracted Driving

Distracted driving continues to be a top cause of collisions throughout Florida and all of the country. In 2022, the National Highway Traffic Safety Administration (NHTSA) found that 3,308 lives were lost in the U.S. due to distracted driving. In Winter Haven, texting, using in-car entertainment systems, or simply being inattentive are major contributors to pedestrian crashes.

2. Failure to Yield the Right-of-Way

Florida law requires drivers to yield to pedestrians in crosswalks. However, many drivers ignore this rule, especially at mid-block crossings or during right-hand turns. When drivers fail to yield, pedestrians may be struck in intersections or while crossing multi-lane roadways.

3. Impaired Driving

Driving under the influence of alcohol or drugs remains a significant issue. In 2023, over 25% of pedestrian deaths in Florida involved an impaired driver. Impaired drivers have slower reaction times, poor judgment, and are more likely to swerve or speed, putting pedestrians in grave danger.

4. Speeding

Excessive speed not only increases the chances of a crash but also worsens its severity. According to the AAA Foundation for Traffic Safety, pedestrians face a 50% chance of death when being struck by a vehicle travelling at only 42 miles per hour. Winter Haven’s arterial roads, such as Cypress Gardens Boulevard and US-17, are often the site of speeding-related pedestrian accidents.

5. Poor Visibility and Lighting Conditions

Many pedestrian accidents occur in low-light conditions or at night. Poor street lighting, especially in residential areas or near commercial zones, can make it difficult for drivers to spot pedestrians in time to stop.

6. Unmarked or Non-Signalized Crosswalks

While marked crosswalks are designed to keep pedestrians safe, many parts of Winter Haven have intersections without clear pedestrian signals or markings. This leads to confusion about right-of-way and increases the chance of a collision.

7. Inadequate Sidewalk Infrastructure

Some parts of Winter Haven lack sidewalks entirely, forcing pedestrians to walk along the shoulder of the road. This is particularly dangerous along busy roadways or near construction zones, where pedestrian pathways may be obstructed.

At Kemp Injury Law, we firmly believe that no one should have to suffer physically, financially, and emotionally because of a driver’s negligence, regardless of the cause of your accident. When pedestrians are injured in a Winter Haven car accident, our team is here to provide personalized and compassionate legal support that helps you claim fair compensation. For more information about how Winter Haven pedestrian accident attorney Adam Kemp can help, call us today or connect with us online and schedule your free consultation. 

Common Injuries After a Winter Haven Pedestrian Accident

Unlike motorists who are protected by airbags, seatbelts, and vehicle frames, pedestrians are completely exposed, leaving them extremely vulnerable to serious or even fatal injuries when involved in a collision with a motor vehicle. Some of the most common injuries that victims suffer after a Winter Haven pedestrian accident include:

1. Traumatic Brain Injuries (TBI)

Head trauma is one of the leading causes of disability and death among pedestrian accident victims. A TBI can range from a mild concussion to a severe, life-altering injury affecting speech, memory, and motor skills.

2. Spinal Cord Injuries

Spinal cord injuries often have devastating and life-altering consequences. Victims may experience partial or complete paralysis, require lifelong care, and lose their ability to earn an income and support themselves and their families. 

3. Fractures and Broken Bones

Common fracture sites include the pelvis, hips, legs, ribs, and arms. Some fractures are simple and heal with rest, while others may require surgery and long-term rehabilitation. The impact of a collision itself can cause serious damage, as well as the force from hitting the ground afterwards. 

4. Internal Bleeding and Organ Damage

High-impact collisions can cause internal injuries that may not be immediately visible. Damage to the liver, kidneys, or spleen can lead to life-threatening complications if not diagnosed quickly. Even if your injuries are seemingly minor, it is strongly encouraged that you seek medical attention after your accident. 

5. Amputations

Severe trauma to the limbs can result in crush injuries that require surgical amputation. This outcome permanently affects a victim’s quality of life, independence, and mental health. 

6. Soft Tissue Injuries

Sprains, strains, torn ligaments, and deep tissue bruising are painful and can take months to heal. Some soft tissue injuries also lead to chronic pain and even long-term disability.

7. Emotional and Psychological Trauma

Victims of pedestrian accidents often suffer from post-traumatic stress disorder (PTSD), anxiety, depression, and other emotional trauma. The emotional pain can be just as debilitating as the physical injuries, often causing victims to lose enjoyment of life altogether. 

We believe that victims in Winter Haven and beyond deserve full compensation not only for their physical injuries but also for the emotional and financial consequences they endure. At Kemp Injury Law, we help victims recover both economic and noneconomic damages after a pedestrian accident. 

We understand the significant impact that a serious and traumatic accident like this can have on you and your family, which is why we aim to secure you the maximum compensation. We take great pride in serving injured victims in Winter Haven and throughout Polk County. 

Florida Pedestrian Traffic Laws

Pedestrian accidents often come down to who had the right-of-way, and that’s where Florida traffic laws come into play. Under Florida Statutes §316.130, both drivers and pedestrians have legal duties designed to prevent these tragic incidents.

Here are some important laws that apply to pedestrians and drivers in Winter Haven:

Laws for Drivers

  • Yielding to Pedestrians in Crosswalks: Drivers must stop for pedestrians in marked crosswalks when they are on the same half of the roadway or approaching so closely from the opposite half as to be in danger.
  • No Passing Stopped Vehicles at Crosswalks: It is illegal for a driver to pass another vehicle stopped at a crosswalk to allow a pedestrian to cross.
  • Use of Due Care: Florida law requires all drivers to exercise due care to avoid colliding with pedestrians and to provide warnings when necessary, such as honking the horn when a pedestrian appears confused or unaware.

Laws for Pedestrians

  • Obeying Traffic Signals: Pedestrians must obey pedestrian crossing signals and other traffic control devices unless directed otherwise by law enforcement.
  • Using Sidewalks: Where sidewalks are available, pedestrians must use them. If there is no sidewalk, pedestrians should walk on the left shoulder, facing traffic.
  • Crossing Outside Crosswalks: When crossing at a place other than a crosswalk or intersection, pedestrians must yield to vehicles.

These laws are important in establishing liability. When a driver violates Florida law and injures a pedestrian, they may be held liable for negligence in a civil personal injury claim. 

At Kemp Injury Law, we serve injured victims who have been injured by another driver’s negligence in a Winter Haven car accident. Contact us today to learn more about how we can help.


Related:   Can You Sue for a Pedestrian Accident in a Parking Lot in Florida?


Am i entitled to compensation for my winter haven pedestrian accident injuries?

​Am I Entitled to Compensation for My Winter Haven Pedestrian Accident Injuries?

Yes, if you were injured in a pedestrian accident in Winter Haven, Florida, you may be entitled to compensation. Florida law allows injured pedestrians to seek damages for medical expenses, lost wages, pain and suffering, and other losses resulting from the accident.​

Understanding Your Rights

In Florida, pedestrians have the right of way at crosswalks, and drivers are required to yield to them. If a driver fails to do so and causes an accident, they can be held liable for the resulting injuries. Additionally, Florida follows a comparative negligence system, meaning that even if you were partially at fault for the accident, you could still recover compensation, though it may be reduced by your percentage of fault .​

Steps to Take After a Pedestrian Accident

  1. Seek Medical Attention: Your health is the top priority. Even if injuries seem minor, it's essential to get evaluated by a medical professional.​
  2. Report the Accident: Contact Kemp Injury Law to file an official report. This documentation can be crucial for your claim.​
  3. Gather Evidence: If possible, collect information from the scene, including photographs, witness contacts, and details about the driver and vehicle involved.​
  4. Consult our Attorney: Our experienced pedestrian accident attorney can guide you through the legal process, help determine liability, and work to secure the compensation you deserve .​

Compensation You May Be Eligible For

  • Medical Expenses: Coverage for hospital bills, rehabilitation, and ongoing medical care.​
  • Lost Wages: Compensation for income lost due to time away from work.​
  • Pain and Suffering: Damages for physical pain and emotional distress caused by the accident.​
  • Future Earnings: If injuries impact your ability to work long-term, you may be entitled to compensation for diminished earning capacity .​

Time Limits for Filing a Claim

Florida law imposes a statute of limitations for personal injury claims. Typically, you have two years from the date of the accident to file a lawsuit against the at-fault party . Failing to file within this timeframe may result in losing your right to seek compensation.​

If you or a loved one has been involved in a pedestrian accident in Winter Haven, it's crucial to act promptly. Consulting with a knowledgeable attorney like Kemp Injury Law that can help protect your rights and ensure you receive the compensation you deserve.

How Can an Attorney Help After a Winter Haven Car Accident?

After a pedestrian accident, victims are often stressed, confused, and struggling financially. An experienced Winter Haven pedestrian accident attorney like Adam Kemp can help you navigate the legal process and protect your rights every step of the way.

Here’s how Kemp Personal Injury Law can help:

1. Investigating the Crash

Our legal team will conduct a thorough investigation into how the accident occurred. This includes reviewing police reports, interviewing witnesses, analyzing surveillance footage, and consulting accident reconstruction experts when needed.

2. Identifying All Liable Parties

In some cases, more than one party may share responsibility for the accident. Our team will work diligently to identify the responsible party or parties in your accident, exploring every angle to maximize your recovery.

3. Calculating Your Full Damages

We’ll help you pursue compensation for:

  • Medical bills (past, present, and future)
  • Lost wages and diminished earning potential
  • Rehabilitation and therapy
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent disfigurement
  • Wrongful death damages (if a loved one died)

4. Negotiating With Insurance Companies

Insurance adjusters often attempt to minimize claims or shift blame. Our team will handle all communications with insurers and push back against lowball offers.

5. Taking Your Case to Court (If Necessary)

If the insurance company refuses to offer a fair settlement, we are fully prepared to file a lawsuit and take your case to trial.

Attorney Adam Kemp brings years of experience in personal injury litigation, including work as a former prosecutor and at one of the largest injury firms in the country. His strategic insight, trial skills, and deep knowledge of Florida law allow him to advocate fiercely for pedestrian accident victims in Winter Haven.

Not only are we fully prepared to take on your Winter Haven pedestrian accident case, we also help injured victims in many other areas as well. Our team handles all kinds of personal injury cases in Winter Haven and throughout Polk County, including: 

If you have been injured in Winter Haven because of another party’s negligence, our team is here to offer you a free consultation and discuss your case. 

Contact Kemp Injury Law Today for Legal Support After a Winter Haven Pedestrian Accident

Pedestrian accidents in Winter Haven are preventable, though they are an unfortunately common occurrence. When negligent drivers or dangerous road conditions lead to injury or death, victims and their families deserve compensation that helps them in their recovery. 

At Kemp Personal Injury Law, we offer compassionate yet aggressive representation to those impacted by pedestrian accidents in Polk County. Whether you’re recovering from serious injuries or mourning the loss of a loved one, our team is here to stand by your side and fight for the compensation you deserve. We keep you informed every step of the way, offering you the strong legal support of a larger firm with the care and attention of a smaller one. 

We offer free, no-obligation consultations and charge no fees unless we win your case. See why injured victims in Winter Haven have continued to trust the team at Kemp Injury Law to handle their pedestrian accident and personal injury cases. Call us today at (863) 694-0328 or fill out our secure online contact form to schedule your free consultation.

Frequently Asked Questions

In 2026, what if the driver is uninsured or fled the scene after hitting me?

A driver involved in a crash that causes injury, serious bodily injury, or death is generally required to stop and remain at the scene to fulfill legal duties, and leaving the scene can trigger serious criminal penalties. On the compensation side, one potential source is uninsured motorist (UM) coverage. Florida law provides that UM coverage must be included in a policy that provides bodily injury liability coverage unless the named insured rejects it in writing (or selects lower limits). An attorney can help identify all available coverage and responsible parties while the police investigation proceeds.

What should I do after being involved in a pedestrian accident in Winter Haven, Florida?

If you are involved in a pedestrian accident in Winter Haven, Florida, your first priority should be seeking medical attention, even if you do not feel seriously injured. Some injuries, like concussions or internal bleeding, may not show immediate symptoms. You should also report the accident to local law enforcement to ensure an official police report is created. Gathering evidence at the scene, such as photos of the accident, witness contact information, and details about the driver, can be critical to your claim. Consulting with a pedestrian accident attorney can help you understand your rights and determine the best course of action to recover compensation.

How long do I have to file a pedestrian accident claim in Florida?

In Florida, you generally have two years from the date of a pedestrian accident to file a claim. However, if the case involves a government entity, the deadline may be shorter with specific notice requirements. Missing the deadline can result in losing your right to seek compensation. It’s crucial to consult an attorney as soon as possible to ensure all legal requirements are met. A lawyer can help gather evidence before it disappears and interview witnesses while their memories are fresh. Acting quickly increases your chances of building a strong case for compensation.

What if the pedestrian was crossing outside a crosswalk?

Crossing outside a crosswalk does not automatically bar recovery. Florida law still requires drivers to exercise reasonable care to avoid hitting pedestrians. Comparative negligence rules may reduce compensation if the pedestrian shares fault. Evidence like speed, lighting, and driver distraction remain crucial. Even partial liability can still allow significant recovery. An attorney ensures fault is assessed fairly in these cases.

Can pedestrian accidents involve government liability?

Yes, poorly designed crosswalks, malfunctioning signals, or unsafe sidewalks may make government entities liable. Claims against the government require special procedures and shorter deadlines. Evidence of poor maintenance or design flaws strengthens these cases. Victims can still pursue compensation despite added challenges. Legal guidance is critical for navigating these complex claims. A lawyer ensures compliance with all filing requirements.

How does vehicle speed affect pedestrian accident claims?

Higher vehicle speeds typically increase liability and damages in pedestrian cases. Speeding reduces reaction time and worsens injuries. Police reports, skid marks, and expert testimony can prove speeding. Courts often award higher damages when reckless speed is proven. Speed evidence also helps counter claims of pedestrian fault. This makes proving speed a key factor in many cases.

How can I get started with a pedestrian accident claim in Winter Haven?

The first step in pursuing a pedestrian accident claim is to schedule a consultation with a qualified attorney who specializes in personal injury cases. During this consultation, the attorney will review the details of your case, assess the evidence, and explain your legal options. If you decide to move forward, your attorney will handle communications with insurance companies and gather additional documentation to build a strong claim. The sooner you begin the process, the better your chances of securing the compensation you deserve. To discuss your case, reach out to us for a free consultation.

Additional Information in Winter Haven, Florida

Florida Highway Safety and Motor Vehicles - Pedestrian Safety: Resource provides essential information on pedestrian safety laws and tips to help prevent accidents. It outlines Florida’s right-of-way laws, including when pedestrians have priority over vehicles. Understanding these laws can help establish fault in a pedestrian accident claim. The page also provides safety recommendations for both pedestrians and drivers to reduce accidents. Victims of pedestrian accidents in Winter Haven can use this resource to better understand how traffic laws may impact their case. Attorneys may refer to this site when demonstrating legal violations by the at-fault driver.

National Highway Traffic Safety Administration - Pedestrian Safety Tips: Provides safety statistics, risk factors, and accident prevention strategies. It highlights common causes of pedestrian accidents, such as driver inattention, speeding, and failure to yield. The resource also outlines measures pedestrians can take to reduce their risk of being involved in an accident. If you have been injured, this information can help you identify factors that contributed to your accident. A pedestrian accident attorney may use this data to illustrate the dangers of negligent driving. Understanding these risk factors can also help prevent future accidents in Winter Haven.

Centers for Disease Control and Prevention - Pedestrian Safety: Provides national statistics on pedestrian accidents, injuries, and fatalities, helping victims understand the scope of the issue. This resource breaks down the leading causes of pedestrian accidents, including alcohol involvement and urban infrastructure issues. It also offers recommendations for pedestrian safety measures that can be used in legal arguments. Victims can reference this site to compare their situation with national trends and risk factors. Attorneys may use CDC data to illustrate the dangers of pedestrian accidents and advocate for policy changes. Understanding these statistics can strengthen a personal injury claim by highlighting the severity of pedestrian accident risks.


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The best easy going firm I’ve ever had to deal with. Stacie was very helpful. She helped me understand A lot of things I was uneducated on. She made EVERYTHING EASY. The doctor’s appointments the visits the paper work. She made sure everything ran smooth THANKS A LOT <3 She was always there to communicate with me no matter the time or day.
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I've been working with Adam Kemp for years, and I can't recommend him highly enough. He is always professional, knowledgeable, and cares about his clients. His staff is incredibly friendly, welcoming, and does an excellent job of making you feel comfortable from the moment you walk in. They create an environment where you can relax and focus on your treatment without any added stress. If you're looking for a team that truly cares and provides exceptional service, I highly recommend Adam Kemp!
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I can't say enough good things about my experience with Kemp Injury Law, P.A. Paloma was absolutely amazing from start to finish. She was always kind, compassionate, and incredibly responsive whenever I had questions or needed an update. She made sure l understood what was happening throughout the process and always took the time to make me feel heard. Her professionalism and genuine care made a stressful situation so much easier to handle. Adam Kemp was also excellent-knowledgeable, honest, and dedicated to getting the best outcome for my case. I truly appreciated everything they did for me and would highly recommend Kemp Injury Law, P.A. to anyone who needs a personal injury attorney.
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Had a great experience with Kemp Injury Law. Paloma was my main point of contact and she was fantastic! She gathered all of my information quickly and had everything perfectly organized. Highly recommend!
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I had an excellent experience with Adam Kemp and his team. Adam was knowledgeable, compassionate, and fought for the best outcome in my injury case. Paloma was always friendly, responsive, and kept me updated throughout the process. I highly recommend this law firm to anyone needing a dedicated personal injury attorney!
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Kemp law represented me after a really bad wreck. Totaled both cars. I needed a triple fusion in L3-4-5. They even found me a wonderful Nero surgeon in Orlando. Not only is my back fixed, but no pain now.They even got a settlement for me. I’m very pleased with all they did for me. I would definitely recommend them.
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I had an outstanding experience with Kemp Injury Law. From the very beginning, their team made the entire process smooth and stress-free. I especially want to recognize Rabekkah, who handled both the case manager and marketer roles with absolute professionalism. She was always prompt, knowledgeable, and incredibly supportive throughout the entire case. Rabekkah kept me informed at every step and made sure I understood exactly what was happening and what to expect. Her dedication and care truly set the tone for a positive experience. Kemp Injury law is lucky to have someone like her representing them. Highly recommend this firm to anyone who needs a team that genuinely cares and delivers results. Would give more than 5 stars if I could!
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Kemp injury law went above and beyond for me. I want to give a special shoutout to Rabekkah, who handled both the case manager and marketer responsibilities with exceptional skill. She was always friendly, patient, and made sure I felt supported throughout the entire process. Anytime I had a question, Rabekkah had an answer. Anytime I felt unsure, she provided clarity. Her communication and professionalism made a stressful situation so much easier to navigate. I’m truly grateful for the effort she and the entire Kemp team put into my case. I highly recommend them to anyone looking for a firm that treats you like a priority from day one.
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Jacob Dantzler
7 November 2025
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Charles Stluka
7 November 2025
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Brena Cochran
7 November 2025
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angela trickler
7 November 2025
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Ashley Norris
7 November 2025
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Trevor Norris
7 November 2025
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Leanna Elmore
7 November 2025
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I’m impressed with this law firm and Rabekkah was very helpful as well as responsive to our case.
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richie Norris
7 November 2025
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Michael Vayda
21 October 2025
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L Owens
21 October 2025
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Lindsey Holm
27 June 2025
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Adam and his staff are amazing! Everyone was so nice and helpful. They did very well with keeping me informed throughout the entire process. Highly recommend!
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Michelle Jones
12 May 2025
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Stayed in touch thru the process and negotiated medical bills for me
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Rachael Harris
9 May 2025
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Adam Kemp and staff were absolutely amazing to work with. They explained every aspect of the process, continuously updated me, and were very compassionate. The outcome far exceeded my expectations. I highly recommend them on all levels!
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Ashley Shay
10 February 2025
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Can't say enough positive things about Kemp Injury Law! My experience with Adam Kemp and his team has always been delightful, always striving for the best outcome for their clients.Truly, the best in the business.
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Chelsea Andino
5 February 2025
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They did excellent work for my husband. The staff was very friendly and knowledgeable cared about my husband‘s well-being. Helped us through every step in the process while assisting in his recovery. I would highly recommend.
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Jodie Cordell
30 January 2025
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Adam is a lifesaver! I love how he really listens and takes you seriously. He’s the guy who will go to bat for you and give it his all. He definitely is the type to “walk the walk” for you. If you need representation, he’s the guy who won’t dismiss you because it’s “too hard!” Highly recommend Adam!
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Toni
4 January 2025
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I went here with a friend who needed help. Everyone in the office was so friendly and knowledgeable. Mr. Kemp is a personable and sharp attorney with quality staff.
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Aqiyla Coleman
2 January 2025
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One of my favorite features of Kemp Injury Law is their commitment to putting clients first! The Kemp team goes above and beyond to ensure that each client feels heard, understood, and supported throughout the legal process. The attorney's are upmost approachable, empathetic, and always available to address concerns or questions. They really make it to where they are really working for you! The firm provides clear communication at every stage of the case, ensuring you understand their options and the progress being made. Whether it's providing guidance on how to navigate the insurance claims process or explaining the intricacies of legal proceedings, Kemp Injury Law ensures clients never feel in the dark. PLEASE TRUST ME THIS IS THE LAW FIRM YOU WANT TO CHOOSE!
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CJ Junior
1 January 2025
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Great law firm! Extremely helpful any questions I had they had the answers and can talk to someone at any time! Will definitely be referring Kemp Injury Law. Awesome law firm!!!
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Lanay Lewis
26 November 2024
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Kemp Injury Law exceed our expectations. After our auto accident in June we were left in total confusion as to what our next step should be. We decided to go with Kemp Injury Law, It honestly was one of the best decision we have ever made . This law firm really goes the extra mile! Any questions or concerns we had they responded quickly, we were never in the dark about what the next would be ,Khadijah was especial helpful. A many of thanks to Adam and his team.
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carl bankston
20 November 2024
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The Lyrical Lawyer
23 August 2024
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Adam and his staff (shout-out to Stacie!) were so incredibly helpful in resolving my property damage claim. Even though it wasn't a big claim in light of what I'm sure they normally handle, they took the time to walk me through the process and had great insight that resulted in a much better settlement than I could have achieved alone. They're knowledgeable, quick to respond, and truly care about your issues, big and small. Can't recommend them enough!
99 6th St SW Suite 204

Winter Haven, FL 33880
1102 Florida Ave S suite 122,
Lakeland, FL 33803
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