As is often the case in many of life’s endeavors, preparation is crucial to the outcome of a Florida personal injury case. While this is true across the board – from the moment the case is filed to when the jury returns a verdict – preparation is especially important when it comes to understanding the other side’s case and anticipating which issues may arise. Such preparation gives a Florida personal injury plaintiff an advantage that cannot be overstated.
A recent case illustrates how an insurance company’s lack of preparation resulted in the company waiving an issue that would otherwise likely have been resolved in its favor. As a result of the company’s failure to raise the issue, the plaintiff was successful in getting an adverse lower court ruling reversed in her favor.
The Facts of the Case
The plaintiff was injured when she was involved in a car accident that was caused by another motorist. The at-fault motorist did not have adequate insurance coverage to fully compensate the plaintiff for her injuries. However, the plaintiff was covered by two other insurance policies, both of which contained underinsured motorist protection. The plaintiff’s mother had a policy with Allstate that provided $25,000 in underinsured motorist coverage. Additionally, the plaintiff’s father’s policy with Geico provided $20,000 in underinsured motorist protection.