Lawsuit tips when dealing with personal injury issues in Florida? In Florida, a person will be responsible for the damages caused by a car accident if he or she behaved in a negligent manner. Negligence is a legal term that, in common terms, means recklessness or carelessness. Whenever a driver chooses to get behind the wheel, the law imposes a “duty” on the driver to behave in a reasonable manner. When a driver does not behave in a reasonable manner, and that unreasonable behavior causes a car accident, then the injured victim may be able to recover damages in an Orlando court. The definition of “reasonable” and “unreasonable” behavior is typically left to a jury, since the behavior is unique to the circumstances and facts surrounding the car accident. For example, a driver who causes a car accident while driving at the speed limit would likely be behaving reasonably if the weather was dry, the traffic conditions were clear, and the driver was focused on the road. On the other hand, if the driver was going the speed limit during a torrential downpour and consequently caused a car accident, then a jury may find that going the speed limit in these circumstances is “unreasonable behavior.”
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.
Insurance company private investigators have been known to carry concealed tape recorders to interview claimants and their friends or acquaintances. You should never discuss your case with anyone other than your attorney and your treating doctors or therapists. It is extremely important that you advise your attorney of any PRIOR ACCIDENTS, PRE-EXISTING INJURIES or PRE ACCIDENT PHYSICAL COMPLAINTS. Many good cases are compromised or lost because the injured person forgets or conceals previous injuries or history of physical complaints from his or her own attorney.
If you were wrongfully injured, you deserve fair compensation. The more accurately and thoroughly you can document your claim, the better your chances of maximizing your personal injury settlement. This might include demonstrating how the at-fault party’s actions caused your accident and injuries. Take photos of the accident scene and collect contact information from any witnesses that are present. You’ll also need to get a copy of your police report.
You’ve been hurt in an accident. You’re missing work. You’re in a lot of pain. You’re being harassed by insurance companies. When you are injured by someone’s mistakes, Florida law equips us to help you recover for your pain and suffering, lost wages, medical bills and other expenses from the accident. We know all the tricks that insurance companies play to keep from paying what you are owed. We used to work for them and we were good at it. Here at Bengal Law: Florida Accidents Lawyers & Personal Injury Attorneys, we use all that experience to help you get fair compensation for your suffering. We’re here to help. Read extra info on Bengal Law PLLC.
Don’t assume that you’re limited to any one type of damages. There are several different types of damages you may suffer because of your injury. You may not even be aware of all of the kinds of injuries and losses that you have. You can claim compensation for loss of regular use of body functions and even emotional damages. These are in addition to recovering your out-of-pocket losses. An experienced Nevada personal injury lawyer can consult with you to evaluate these categories of damages individually.