South Florida Personal Injury Lawyers Blog
Car accidents can leave injured motorists, passengers, and pedestrians with substantial property damage, physical injuries, and psychological trauma. After seeking medical attention, one of the first steps a Florida car accident victim should take is to file a claim with the at-fault driver’s insurance company. Many Floridians assume that insurance companies operate swiftly and fairly; however, this is often far from the truth.
In most instances, car accident victims will attempt to recover damages from the at-fault party or their insurance company. This requires filling out lengthy forms, providing detailed information, and explicitly requesting appropriate compensation. Insurance companies rarely agree to the amount the victim claims and will either counteroffer, deny, or even delay deciding the clam. If an insurance company is engaging in unlawful practices or countering an inadequate amount, injury victims should contact an attorney to file a complaint
To initiate a lawsuit against an insurance company, potential plaintiffs should file a complaint in court. Attorneys can assist the plaintiff in including all relevant and pertinent details, including a demand for damages. During pre-trial pleadings, both parties will have the opportunity to file motions to support their claims. If the case survives pre-trial proceedings, the parties will then engage in discovery and then trial.
Throughout this whole process, including during trial, the parties can settle. However, settlement offers that are made early in the process tend to be lower than the injury victim truly deserves, and litigation may render a more favorable outcome. For example, according to a local news report, a jury recently awarded a woman $1 million in damages after the insurance company denied her proposed settlement amount the year before. In that case, the woman suffered severe neck injuries after being involved in an accident with a negligent driver. She filed a claim with the at-fault driver’s insurance company asking for $200,000 in damages. The insurance company’s highest offer to settle was $20,000.
Further, the insurance company argued that an unidentified truck driver caused the accident. However, the defendants failed to meet their evidentiary burden by proving that a third party was the proximate cause of the accident. The case contained a series of complicated factors, but ultimately, it serves as a prime example of how settlement is not always the best course of action. In many cases, litigation results in fairer and higher damage awards for Florida car accident victims.
Have You Suffered Injuries in a Florida Car Accident?
If you or someone you know has suffered injuries in a Florida car wreck, you may be entitled to monetary compensation for your injuries. The attorneys at Friedman, Rodman, and Frank, P.A. understand how important financial compensation is for Florida car accident victims. Many victims face undue challenges when they try to recover damages from negligent drivers and their insurance companies. Our attorneys work tirelessly to ensure that our clients are not bullied into settling or accepting inadequate amounts of compensation. The skilled litigators at our office have years of experience successfully handling Florida insurance disputes on behalf of injury victims. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney at our law firm.