Personal injury lawsuit in Florida


Posted On Aug 3 2020

Lawsuit advices when tackling personal injury issues in Florida, USA? In many car accidents, especially those involving more than two vehicles, it is possible that the accident was caused by the negligence of multiple drivers – or even a pedestrian who darted into traffic, or a bicyclist who veered outside of the dedicated bike lane. In these situations, Florida’s comparative negligence law will apply. Under Florida’s comparative negligence scheme, the jury in a car accident case will assign a percentage of blame to each negligent party. Then, each party will be responsible for the amount of damages proportionate to his or her percentage of blame.

It is standard practice for insurance adjusters to begin negotiations by first offering a very low settlement amount — or, sometimes, denying liability altogether. With this tactic, the adjuster is trying to find out whether you understand what your claim is worth and to see if you are so impatient to get some money that you will take any amount. When a first offer is made, your response should depend on whether it is a reasonable offer but too low or whether it is so low that it is just a tactic to see if you know what you are doing. If the offer is reasonable, you can immediately make a counteroffer that is a little bit lower than your demand letter amount. That shows the adjuster that you, too, are being reasonable and are willing to compromise. A little more bargaining should quickly get you to a final settlement amount you both think is fair. In these negotiations, don’t bother to go over all the facts again. Just emphasize the strongest points in your favor — for example, that the insured was completely at fault.

Keep your attorney informed of anything that might affect your case. Certainly nothing should be signed without first consulting the attorney. Applications for insurance benefits, reports to the State, any change in doctors, returning to work, any change in treatment, etc., should be reported promptly. Disability or unemployment applications should first be checked by the attorney. Keep your attorney advised of any vacation times when you may not be available. An emergency telephone number and an alternative way of reaching you must be in your attorney’s file at all times.

Don’t be surprised if the insurance company offers you a settlement shortly after your injury accident. Typically, this means they know you have a viable claim. They might offer you a small settlement, hoping you will take a quick payout, even though the value of your claim could be significantly higher. Once you accept that settlement, you will give up your rights to recover any further compensation.

If you or a loved one were injured by the negligence of a semi truck driver, then an Orlando truck accident may be able to help you recover for your damages. Under Section 95.11 of the Florida Code, a person injured in a truck accident will have four years from the date of the accident to file a negligence lawsuit against the truck driver or their trucking company. More urgently, some of the evidence required to prove negligence can dissipate over time. To ensure you have the strongest case possible, contact us at 407-315-8000. Bengal Law: Florida Accident Lawyers and Personal Injury Attorneys PLLC. Read even more information at Bengal Law: Florida Accident Lawyers & Personal Injury Attorneys PLLC.

A personal injury can bring losses both immediately and long into the future. You might not fully recover from your injuries before your case goes to trial. It’s crucial to make considerations about future recovery when negotiating a settlement amount. You can include future damages as a part of your claim. In some cases, future damages might even comprise the majority of your losses. You need to work with medical professionals to document these losses and include them in your claim.

Last Updated on: August 23rd, 2020 at 8:44 am, by


Written by Selymesi Tibor