How does an insurance company defend your allegations, your claim that you're injured, that you're in pain, that you need ongoing health care, that you are losing income, maybe, and it's all because of this accident.

Common Misunderstandings About Insurance Claims
Sometimes there's a misunderstanding where the client believes that the insurance company is paying them because they've been through some traumatic event that resulted in injuries and therefore they should be entitled to pain and suffering, money for income loss and healthcare expenses and things of that nature, maybe assistance around their home. 

Insurance Company Strategies to Deny Claims
I have had clients say, it's really obvious that I'm hurt. I'm the victim. I was doing nothing wrong. It's clearly their fault. They rear ended me. Or worse, I was a pedestrian and I got hit and I was in the right. I was in the crosswalk. I was doing everything appropriately.

And you're correct. You are correct insofar as it wasn't your fault and you were hurt. And you are hurt. But, it's not enough for the insurance company. 

They intentionally delay and deny claims with the expectation that your case will get weaker and weaker and it will be harder for you to tell your story successfully in front of a judge or a jury by the time you get to court. 

The Importance of Continuous Treatment
They're hoping by that time, it's a distant memory. You're much better now. You're not seeing doctors. It's not having a major impact on your life, at least in a visible way to a jury. And so it's incumbent upon you as the injured party, as long as your case is ongoing, but more importantly, as long as you're having symptoms to continue to treat those symptoms, continue to try to get better.

How Insurance Companies Build Their Defense
There's another important reason to follow the advice of your treatment team and create risk for the insurance company so that they're going to pay you more for your case without going to trial against you. 

Okay now, how does an insurance company defend your allegations, your claim that you're injured? How do they defeat that? Well, a couple of ways. 

One, they ask questions, take depositions, they pull calls, they test the witnesses to see how strong the case is. But the other way is in the affirmative. The insurance will come out with its own theory. So they present a different set of an alternative theory to the jury or the judge.

The Role of Doctors in Insurance Claims
Let's send you to our Doctor. Let's see what our doctor has to say about your injuries, if they're as significant as you say. The insurance companies have extremely deep pockets and resources, so they can typically locate very well credentialed, well spoken physicians to assess you. And these physicians, more often than not, no matter what your injuries are, will downplay the severity of those injuries. Because they're doing work regularly on behalf of insurance companies and they're being paid handsomely to give opinions, to support insurance companies, to reduce the risk to the insurance companies so that they can pay you less for your case. 

There's no mystery, they're paying thousands upon thousands of dollars to another doctor for only one reason. So that they can overall save money on claims. 

The Battle of Medical Opinions in Injury Claims
Let's look at that for a minute. So they get a doctor who says you're not as hurt as you say you are. And they expect to present that to a judge or a jury. 

On your end, What do you have? Well, if you haven't treated much in the last year, you may have an expert that your lawyer's hired, just like the insurance company. And so now the jury is faced with two alternative theories, both by doctors that really don't know you, that have seen lots of people simply in the context of litigation. And just as much as your lawyer wants to argue, well, that doctor's really not as reliable because he was hired by the insurance company. Well, the alternative. is going to be argued by the defense. Why should you believe the plaintiff's doctor? Their lawyer hired that doctor to give an opinion here in court. 

The real differentiation comes from the treatment team. They have nothing to do with the case. These are healthcare people that are involved with you for one reason, to try to get you better. Most of the time, they've seen you on multiple occasions over an extended period of time. They recognize you when they see you. They know your name. You're not just a file to them. You're a patient. That's another distinguishing factor that helps you overcome the insurance company's alternative story or alternative theory about your case.

The Litigation Process Explained
Another way I often explain this, litigation is like having a ticket to ride a train. 
So your ticket allows you to board the train, and the train is the civil justice system. It's what allows private individuals to bring or advance a claim if they sustained a harm or loss because of somebody else's negligence.
And now this train is headed to a final destination, which is the courthouse, more specifically the trial. Okay, that's where it ends. That's the very last stop. But along the way, it stops for discovery, documents that are exchanged. It stops for depositions, which are oral examinations where the lawyers get to ask questions of the other party. It might stop for a mediation or other settlement conference. There's motions, which are arguments in court between the parties. 

Settlement Offers and Decision Making
There are all these different stops before you get to trial. And along the way, the insurance company will be walking up and down the train, and they'll come to you, and they'll say, Why don't you get off at this stop? And we're going to buy your ticket. Can't get back on the train. You're not going to go to the final stop. And they'll offer you some money. And with the advice of your lawyer, you'll decide at that point if it's enough. And if it is, you'll get off the litigation train and you'll never see that final stop of trial.

Strengthening Your Case with Support
But very often you'll say no, because your lawyer will tell you, no, we have momentum. We have support. They are supporting doctors, and treatment providers, and family members, and co workers, and friends, and all these people that will get on the train with us. We're going to pick them up at this stop. You get some updated clinical notes and records. And so that doctor's now boarded the train with you and is seated next to you. 

And invariably the insurance company who's also riding the train sees that. And so they come around again. And this time, instead of offering you $500 for your ticket. They said we'll give you $750 for your ticket if you get off the train now.

They're paying you to get you off the train. And they'll pay you more, typically, but closer you get to the last stop. Provided, this is the big key, your case appears to be getting stronger and the risk increases to the insurance company. And so by that healthcare, family members, friends, all these people board the train with you and will come with you to trial and be there for you to help tell your story.

Why the Insurance Company Isn’t Offering More
So the reason I'm sharing this is because it comes up very often with clients that are trying to understand why is it the insurance company offering me more money? I am hurt and I've been hurt ever since. And I told them I was hurt at my deposition and I'll tell them again how hurt I am and I told them about the challenges I have every day and the pain I go to bed with and the pain I wake up with and the difficulty sleeping and all that's true and fair but the insurance company looks at that case and says well that's going to be a more difficult case to prove in front of a jury than the person that has the robust treatment team that dovetails with that story and really helps really helps to explain that story. 

Have Questions? Contact Us Today!
Ask questions to your lawyer, get advice. Find out what you could do to help maximize the value of your case. If you have any questions, we're always here for you. You can call us or you can complete our contact form and we're happy to answer your questions. I hope you found this video informative.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. ​

Being involved in a car accident is always a distressing experience, but the complexity increases when the at-fault driver is from out of state or even out of the country. Florida is a popular destination for tourists, and it’s not uncommon for residents to be involved in accidents with drivers from Quebec, Canada. If you find yourself in such a situation, understanding your rights and the legal avenues available to you is crucial.

When you are hit by a driver from Quebec in Florida, you have the right to seek compensation for your injuries, damages, and other losses. However, pursuing a claim against an out-of-state or international driver can be more complex than dealing with a local case. This is where the expertise of Iacobelli Law Firm comes into play.
At Iacobelli Law Firm, we have expertise in cross-border personal injury cases. Our extensive experience in handling claims against drivers from Quebec and other regions makes us uniquely qualified to advance these claims and pursue the at-fault parties, even across international borders. We have successfully recovered compensation for clients involved in accidents with drivers from Quebec. Our deep understanding of both Florida and Canadian laws allows us to navigate the complexities of these cases effectively.

Our practice spans both sides of the border, giving us a unique advantage in understanding the nuances of cross-border personal injury claims. We know how to coordinate with legal professionals in Quebec to ensure that your case is handled smoothly. From the initial investigation to negotiating with insurance companies and, if necessary, litigating in court, we provide comprehensive legal support. We are dedicated to ensuring that you receive the compensation you deserve.

If you’ve been hit by a car from Quebec in Florida, we start with a free initial consultation to assess your case and provide you with the best course of action. This includes reviewing the details of the accident, understanding your injuries, and evaluating potential compensation. Our team will then conduct a thorough investigation to gather evidence, such as police reports, witness statements, and medical records. This is crucial in building a strong case against the at-fault driver.

If you or a loved one has been injured in an accident involving a driver from Quebec, don’t hesitate to contact Iacobelli Law Firm. We are here to help you navigate the complexities of your case and ensure that you receive the compensation you deserve. 
Call us 24/7 at 1-866-234-6093 for a free consultation. Visit our website for more information: Iacobelli Lawyers (Florida, USA).

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. ​

In today's digital age, social media is an integral part of our daily lives. Nearly everyone is active on platforms like Facebook, Instagram, Twitter (now X), TikTok, and LinkedIn. However, many are unaware that their social media activity can have serious implications if they are involved in a personal injury lawsuit.

In our latest YouTube episode, Andrew Iacobelli of Iacobelli Law Firm is joined by Colton Leung to discuss the significant impact of social media on personal injury lawsuits. This informative session covers the importance of privacy settings and steps you can take to safeguard your personal information.

Key Topics Covered
00:00 Introduction to Social Media and Personal Injury
00:21 Popular Social Media Platforms
00:35 Privacy Settings and Public Viewing
01:29 Social Media's Impact on Personal Injury Claims
03:11 Private Investigations and Surveillance
04:40 Managing Social Media and Private Settings During Litigation
06:01 Posting About Litigation Process on Social Media
06:50 Final Advice For Those Active on Social Media While Navigating a Lawsuit
07:47 Have Questions? Contact Us Today!

Why Social Media Matters in Personal Injury ClaimsDuring a lawsuit, every aspect of your life is scrutinized. Setting your social media accounts to private is a good initial step, but defense lawyers can still request access to your posts, and insurance companies can hire private investigators to monitor your online activity.

Key Points Discussed in the Video:

1. Privacy Settings: How to configure your accounts to maximize privacy.
2. Credibility Risks: Ways social media posts can undermine a plaintiff's credibility.
3. Investigation Tactics: Methods used by insurance companies and investigators to leverage social media activity against the injured party.
4. Protecting Your Interests: Tips for managing social media activity to safeguard your personal injury claim.

Final Advice
Navigating a personal injury lawsuit involves many complexities. However, by exercising appropriate caution, particularly with respect to your social media activity, you can effectively protect your interests and enhance the strength of your case.

Have Questions? Contact Us!If you've been recently involved in an accident, feel free to give us a call at any time for a FREE consultation.
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📞 Calls are answered 24/7 at 1-866-234-6093
🌎 Visit our website:​​ Iacobelli Lawyers (Florida, USA)

Many people believe that their social media activity is private and immune to investigation. Unfortunately, that's not the case. Always consider how your posts might be perceived by someone examining the details of your case and consult with your lawyer for specific advice on managing your social media activity during your lawsuit. Having legal counsel will help you understand what is safe to share.

If you have any questions about your personal injury claim and the potential impact of social media, don't hesitate to reach out to us. Navigating this process carefully can significantly affect the outcome of your case.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. 
​
Disclaimer:
This material is provided for informational use only, and is in no way intended to constitute legal advice. Nothing in this website is intended to be, and should not be construed as, legal advice or the formation of a lawyer-client relationship. You should not act on information contained in this podcast or video. If you have a legal question or issue, you should seek the advice of a lawyer. Past results are not necessarily indicative of future results, and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.

Today we're talking about how to explain your damages at a deposition. One of the ways I try to assist clients that have been injured in an accident with their deposition preparation is helping them understand how the defense lawyer, insurance companies, and ultimately judges and juries, how they go about assessing or determining the value of your case. 

What are Damages in a Personal Injury Claim
Damages is a legal term to describe the money that you're seeking as compensation as part of your personal injury claim in a civil lawsuit.
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Understanding Pre-Accident Life
The starting point of damages is always an appreciation or understanding of who you were or the injured individual was before the crash, the slip and fall, before the injury occurred. We kind of break your life up to before the accident or before the injury and after the injury. 
How has the person's life changed as a result of the accident, as a result of the injury. And so to understand that, you have to have a very good understanding of who this person was in the moments before this event, in the years before this event, to try to get an understanding of where they would have continued to be had the event never occurred. 

How Insurance Companies Evaluate Life Changes After an Accident
Let's look at your life in the five years or so before this crash occurred or before this event occurred. And let's look at it in the lens or through the lens of what an insurance company cares about. There's certain parts of your life that they care a lot about because it translates potentially into money damages. And that is your health because at the end of the day it's all about your health, how the accident has changed that.

But not only your health, Your recreation or enjoyment of life, your ability to work or pursue your work to its fullest, your ability to do household chores, and taking care of yourself and your home. That's largely the focus. Okay, and so the insurance company wants to understand what you were like before this accident, and then also what's changed in those specific domains after the accident.

Assessing Post-Accident Changes
And so we look at a pie diagram, then we're going to make part of it represent your health, and part of it represent your work, and maybe another segment housekeeping and household chores. 

Let's assume for this example that the person was healthy, had no real health issues to speak of, no previous accidents or injuries. They were working full time, they had health, energy and well being. The pie was completely colored in. There was nothing missing. 

Now that's not always the case. Sometimes people had other injuries or maybe had some health issues. The pie diagram might look a little different. Maybe there are pieces missing from the pie already. But the more important thing is what does the pie look like after the crash occurred? What's changed? 

Now the person's health isn't well. They're going to doctors constantly. They're in pain all the time. They have symptoms. And then we'll look at the part of the pie with work. Then maybe this person is still working, but not to their fullest. They're no longer putting in overtime. They may be reduced their hours. Maybe they're still working the same hours, but they've given up on opportunities for advancement. Okay. And so there are losses. And then we'll look at household. Is the person still able to maintain their home to their standards? Are they vacuuming as much? Are they cleaning as much? Are they gardening? 

Explaining How Your Life Has Changed Since The Accident 
So you look at that, the greater the difference is, the more that's missing gets compensated with money. And that's why you hear lawyers or judges often say, it's not a lottery, we're not giving the person more than what they've lost. The whole thing. The goal of the civil litigation process is to restore the person to what they were before the event.

Unfortunately, the only remedy that a court can award or a jury can award in a civil personal injury matter is money. They cannot restore health, they cannot get your job back for you, but they can award money for the harms and losses. 

So understanding that that's how the assessment of damages is done, it's important to think about your harms and losses in these ways and really have that conversation with your lawyer so that you're in the best position when you're being asked the questions to really explain how your life has changed as a result of the accident.
Personal Testimony and Other Evidence in a Damages Deposition

Now this is only one part of it. There's other parts that come in to prove your case. And that includes medical records and expert opinions and treatment providers and maybe lay witnesses and things like that. But your own evidence, your testimony on how your life has changed as a result of the accident will be foundational. It will play an important role. in your case and the success of your case. 

It's important to be prepared, to understand the purpose of the deposition. And this video is not to give you all of that information, but really just this narrow area about damages, help you understand how the insurance company will look at your damages and the value of your case or the potential value of your case.

Economic vs. Non-Economic Losses
So not all damages are the same. Some of those you may have noticed are economic losses. Income loss is a loss that can be calculated. So we can look at a person from the Time of the accident until the resolution of the case, do the math and figure out what's been lost if there's a hard loss, like real numbers.

And also, there may be an argument that there will be future losses and that calculation is a little different and requires, sometimes the aid of experts to quantify the present value of that loss. But these are economic losses, similar housekeeping expenses or medical expenses that have been incurred and may be incurred into the future. Those are all what we would refer to as economic losses. They typically require calculations, oftentimes using an economist. or some type of forensic accountant to assist with calculating those numbers. 

Non economic losses, oftentimes the public generally thinks about it as pain and suffering awards, loss of enjoyment of life, loss of ability to engage in your hobbies, your recreation, the loss of your health. Those are non economic losses. Whatever name you call it by, it really boils down to non economic or non pecuniary damages. Those types of losses will not be calculated by an accountant. Those are assessed by the trier of fact, oftentimes a jury. 

Examples and Case Valuation
Let's look at an example of someone who had a passion for golf. Your fingers are very important to successfully playing and enjoying your golf game. If it was a hand injury, it impaired this person from playing golf, that would be part of the storytelling. You would look at it before the accident. It's not just the sport, it's the social aspect. It's the rest of the story. Again, it goes back to risk. If it's a compelling story and it moves people to want to compensate the victim, then that creates greater risk to the insurance company and they're likely to pay more money for those non economic losses. 

Contrast that to someone whose passion was soccer. The hand injury really hasn't prevented it. And they've returned to most of their recreational activities and their social life. And they're still playing soccer on a regular basis. The injury, although it's the same injury, hasn't had quite the same disruption to this individual's enjoyment of life. The value of the case is going to reflect that because a jury is probably not going to award as much money to the other person whose life hasn't been as disrupted. And so the settlement value will reflect that as well. 

Maximize the Value of Your Case by Consulting with Personal Injury Attorney
Your lawyer will be able to give you advice on your particular case, your types of injuries. Obviously, on the economic losses, with the aid of experts, your lawyer will do the math and be able to share those numbers with you, but also your lawyer will be able to help you understand what your non economic losses are based on their experience representing people with injuries similar to yours.

There's a wide spectrum in terms of the valuation of damages in personal injury cases. very wide spectrum and there are a lot of factors that go into assessing those damages. So it's important to consult with a lawyer that has experience and can give you guidance on what you can do to help maximize the value of your case, to help demonstrate the significance of the harms and losses.

Have Questions? Contact Us Today!
If you have been recently involved in an accident, we encourage you to take advantage of our free consultation. Contact us today to schedule your meeting.

📞 Calls are answered 24/7 at 1-866-234-6093

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. ​