Personal injury attorneys 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.
Never be embarrassed to tell your doctors about all of your complaints. The value of your claim is due in large measure to the doctor’s diagnosis and treatment. The doctor can only treat what he observes of what you tell him. The doctor’s records will only be as complete as information that he receives. Keep track of all prescriptions and medicines taken, preferably saving all bottles or containers of medicine. Provide your attorney with receipts for all medications, both over the counter and prescription medications as well as any other items purchased such as crutches, canes, neck braces, splints and bandages.
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.
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. Discover additional details at Bengal Law: Florida Accident Lawyers & Personal Injury Attorneys PLLC.
Winning your personal injury case means getting a fair payment for your injuries and other losses. To do this, you need an accurate picture of your damages. You will need doctors and other health care professionals to document your injuries and formulate a treatment plan. This documentation can encourage the other side to come to the table and offer a higher settlement. You should get medical treatment, even if you’re unsure about the extent of your injuries. If your doctor recommends a treatment plan, you should carefully follow it. This should include seeking any necessary physical therapy and treatment for things like flashbacks and post-traumatic stress.