Search personal injury legal assistance in Florida
4 min readLawyers when tackling personal injury issues in Florida, USA? 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.
Use a folder or large envelope to collect all your medical bills, car repair estimates, and receipts for out-of-pocket expenses. Finally, keep a detailed journal of your pain, emotional trauma, and other symptoms. Include information about your treatment, recovery, time off work, and any other details that will help support your personal injury claim. Don’t over-exaggerate, just keep an account of your day to day life and how your injuries have changed it.
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 additional information on Bengal Law: Florida Accident Lawyers & Personal Injury Attorneys PLLC.
After an injury occurs, you have time limits to bring your case. It’s important to bring your case as soon as possible because you don’t want to risk time running out. After the statute of limitations expires, you may not be able to recover at all. Also, filing your case lets you begin to gather evidence formally. This can be a critical aspect of being able to preserve the evidence necessary to build your case. It also lets the other side know that you’re serious about getting a fair recovery and moving the case through the courts as quickly as possible.