 When it comes to personal injury claims, many people hold misconceptions that can impact the compensation they receive for their injuries. If you’ve been hurt due to someone else’s negligence in Florida, it’s important to understand the truth behind these common myths. Here’s a breakdown of the top misconceptions surrounding personal injury claims and why hiring an experienced attorney is crucial for protecting your rights.
Misconception 1: "I have insurance, so I don’t need an attorney." While having insurance may seem like a safety net, it’s important to remember that insurance companies are for-profit businesses. Their goal is to minimize payouts, often offering settlements that are far below what you may actually deserve. Without an experienced attorney, you may end up accepting an offer that doesn’t fully cover your medical bills, lost wages, or other expenses. A personal injury attorney will not only negotiate with the insurance company on your behalf but also ensure that all factors—such as future medical costs and lost earning potential—are considered. Your attorney will work for you, not the insurance company, ensuring your claim reflects the true extent of your losses. Misconception 2: "I can just hire an attorney later if I need one." Waiting to hire an attorney could jeopardize your claim. The sooner you seek legal representation, the better chance your attorney has to gather critical evidence and build a strong case. In Florida, most personal injury claims must be filed within two years of the incident due to the statute of limitations. Waiting too long can also result in the loss of key evidence. Additionally, once you accept a settlement from the insurance company, you forfeit your right to seek further compensation—even if future medical expenses arise. Don’t risk settling for less than you deserve; consult with an attorney early to understand your options. Misconception 3: "Hiring a lawyer is too expensive." Many people avoid hiring an attorney because they believe it will be too costly. However, most personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case. If they don’t recover any compensation for you, you owe them nothing. This setup allows injured individuals to access legal help without the upfront financial burden. Furthermore, the cost of not hiring a lawyer can be far greater. For example, if you accept a $3,000 settlement when an attorney could have negotiated $30,000, the opportunity cost is significant. Misconception 4: "I don’t want to sue anyone; it feels wrong." Filing a lawsuit is not about seeking revenge—it’s about protecting yourself and your future. The money recovered in personal injury claims comes from insurance companies, not directly out of the at-fault individual’s pocket. These insurance policies exist specifically to cover situations like yours. Filing a claim is your legal right and can provide the financial support you need for recovery. Misconception 5: "People who file personal injury lawsuits are just greedy." This harmful misconception is perpetuated by insurance companies. Most personal injury claims are filed by individuals who have genuinely suffered due to someone else’s negligence. These claims are not frivolous; they seek to provide financial compensation for medical bills, lost wages, and pain and suffering. Don’t let the stigma deter you from seeking the compensation you deserve. Misconception 6: "It will take forever to resolve my case." While personal injury cases can take time, many are settled before they reach court. Insurance companies often prefer to negotiate a fair settlement rather than face the costs of litigation. By hiring an attorney, you can speed up the process and ensure your case is handled efficiently while you focus on your recovery. Misconception 7: "My family or estate lawyer can handle my personal injury case." Just like you wouldn’t ask a general practitioner to perform heart surgery, you shouldn’t rely on a lawyer who doesn’t specialize in personal injury law. Personal injury cases are complex, and experienced personal injury attorneys have the knowledge and skills to navigate insurance negotiations and court proceedings. Hiring the right lawyer can make a significant difference in the outcome of your case. Misconception 8: "If I hold out, I will get a bigger settlement." Holding out for a larger settlement isn’t always the best strategy. An experienced attorney will know the right balance between negotiating for a fair settlement and avoiding unnecessary delays. In many cases, having an attorney from the start can prompt the insurance company to offer a reasonable settlement without the need for extended negotiations. Misconception 9: "I can’t get medical treatment until my case is settled." You should never delay medical treatment while waiting for your case to be resolved. Not only is it crucial for your health, but it also provides evidence of your injuries, which strengthens your claim. Many doctors will work with you while your claim is pending, and there are options like using your own medical insurance or temporary funding to cover bills until the settlement comes through. Misconception 10: "I’ll just handle it myself to save the headache." While it may seem easier to deal with the insurance company on your own, this can often lead to under-compensation. Personal injury claims involve legal and financial complexities that most people are not equipped to handle. Having an experienced attorney on your side means you won’t have to navigate these challenges alone, and you’ll likely receive a higher settlement. At Iacobelli Law Firm, we are dedicated to helping injured individuals in Florida get the compensation they deserve. If you or a loved one have been hurt due to someone else’s negligence, don’t hesitate to contact our experienced personal injury attorneys for a free consultation.
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Accidents happen, and when they do, the aftermath can be chaotic. Medical bills pile up, insurance adjusters call, and the legal complexities seem insurmountable. In these trying times, you might wonder if hiring a personal injury attorney is the right move. Let's delve into the pros and cons to help you make an informed decision.
The Upside of Legal Representation
The Potential Downsides
When a Lawyer is Highly Recommended
The Sooner, The Better Remember, time is of the essence. Evidence can disappear, and witnesses' memories can fade. If you're considering legal representation, consult with a personal injury lawyer as soon as possible after the accident. Many offer free initial consultations, giving you the opportunity to discuss your case and assess your options without any financial commitment. 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 blog article is for informational purposes only and should not be construed as legal advice. If you have been injured in an accident, consult with a qualified personal injury lawyer to discuss your specific circumstances. Motorcycle accidents present distinct legal and safety considerations compared to other vehicle collisions. As a motorcycle rider myself and an experienced personal injury lawyer, I've witnessed firsthand the devastating impact of these accidents and the complexities they bring. Why Motorcycle Accidents Are Different Motorcycles offer less protection than enclosed vehicles, leading to more severe injuries and a higher fatality risk. Additionally, unique factors influence liability determinations in these cases. Common Causes and the Issue of Perception One of the most frequent causes of motorcycle accidents is other vehicles turning into the path of an oncoming motorcycle. Drivers often claim they didn't see the motorcycle or that it appeared suddenly. However, studies reveal that perception and memory can be flawed, especially regarding smaller vehicles like motorcycles. Drivers may misjudge a motorcycle's distance and speed, leading to dangerous maneuvers. Sound and Speed: The Role of Sensory Bias The sound of a motorcycle can also create misconceptions. Riders often believe that loud pipes enhance safety by making their presence known. However, the association of loud sounds with high speed can lead observers to assume a motorcycle was traveling faster than it actually was. Legal Nuances and Insurance Company Tactics Motorcycle accident cases involve specific legal complexities. Insurance companies may attempt to shift blame onto the rider, citing lack of protective gear as a contributing factor to injuries. However, a thorough investigation is crucial to determine whether safety equipment would have genuinely made a difference in the accident's outcome. Common Injuries and the Importance of Seeking Medical Attention Head injuries, broken bones, and spinal cord injuries are common in motorcycle accidents. Even seemingly minor incidents can result in hidden injuries due to the forces exerted on the rider's body. It's vital for motorcyclists to undergo a comprehensive medical evaluation after any accident, no matter how minor it may seem. Passenger Rights Passengers injured in motorcycle accidents have the right to pursue legal action. They can file claims against the motorcycle operator if negligence played a role, as well as against other drivers involved in the accident. Safety Tips for Everyone on the Road Motorcycle safety is a shared responsibility. Drivers should remain vigilant, give motorcycles ample space, and avoid tailgating. Motorcyclists should wear protective gear and ride defensively. If You've Been Injured, We Can Help If you or a loved one has been injured in a motorcycle accident, don't hesitate to contact our firm. We offer free consultations to discuss your rights and legal options. We're available 24/7 to provide the guidance and support you need during this challenging time. Remember, safety is paramount. Ride responsibly and stay aware of your surroundings. Call us 24/7 at 1-866-234-6093 for a free consultation. 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. Today we're talking about why insurance companies pay to settle cases.
I think there's a misconception often with people who are injured, my clients, trying to understand why exactly is the insurance company willing to pay money to resolve your case. Although your lawyer will present your case in terms of your injuries, the traumatic event and how it harmed you and resulted in losses to you. For instance, pain and suffering, income loss, health care expenses, and maybe expenses associated with doing things around your home as well. That's how your lawyer presents it to the insurance company. Understanding Insurance Company Motivations & Risk But in fact, the insurance company, when they settle a case with you, they're paying for a release. They're giving money in exchange for a contract or an agreement, which lawyers refer to as releases in these circumstances that essentially serve to release and relinquish all of your rights to continue your lawsuit in a court of law, to find out what a judge or a jury will ultimately award in a court of law. The amount the insurance company is willing to pay largely depends on how much risk they have in going to court against you. The greater the risk to the insurance company, meaning the stronger case you have to present in court, the more they're willing to pay to buy your rights to have your case resolved by a judge or a jury. Case Study: Car Accident and Whiplash Injuries Let's use the example of a car accident. You have five people who were involved in a car accident. Everybody's heard of whiplash, so let's use that as an example. Every single one of them had the same injury. So you have five people who Rear ended with whiplash injuries. For each of them, it's impacting their life. It's impacted upon their health. It's impacted upon the way they function at work. They all have the same symptoms. They all have the same injury. The Importance of a Robust Treatment Team Now, one of those people regularly goes to the doctor, has seen specialists, has attempted all the treatment recommended, seen specialists, maybe injections, maybe as far as in fact, requiring surgery. They have a robust treatment team. And then you get another individual in that group. Let's go to the other extreme. They're having all these symptoms. They've gone to their doctor and the doctor prescribed something. They tried it. They didn't like it. And then they just stopped going and they sort of managed doing some home exercises from time to time. They're less engaged in their recreation. They're not going to the doctor, they haven't seen any specialists, they're not filling any prescriptions, they're not doing any ongoing therapies. Comparing Strong and Weak Cases Now, the lawyer has both of those cases to present. One case, where the person has a robust treatment team. That's a really strong case to present at court because not only is the jury or the judge going to hear from the injured party, they're also going to hear from all of these people that really have no interest in the outcome of the case. Their role is to make you better, to help you heal. And they're going to be able to come into court and talk about their role, their involvement, what they've observed and more than that, they're going to be qualified as expert witnesses. Benefits of Having a Treatment Team & Expert Witnesses An expert witness has greater latitude in a courtroom. They can give opinions and they can give evidence that a lay witness cannot give. Opinions on how the injuries harm opinions about the future. The person who has an organic treatment team made up of individuals whose only interest is in treating this person is going to have a far stronger case. Now let's look at the other side, the person who doesn't have that treatment team. The only real way the lawyer can present those injuries is to go out and hire an expert to pay for an opinion. So they will, they'll pay for a doctor to see you maybe one time, maybe for an hour or less. to assess you, write an opinion, ultimately, if necessary, come to trial and testify about that opinion. While that doctor is still credible and still very qualified, it will become obvious in court that that opinion isn't really supported by a treatment team. It was obtained solely for the purpose of the lawsuit. You're not getting any treatment from this person. They didn't see you on a regular basis. And so although They might both have the same conclusions and their conclusions might both be correct, that you are injured and that you require ongoing health care. The ability to present the story or the case in court, in my view, is much stronger for the person who has an organic treatment team, people who know the individual much better and are involved in their care and treatment. The person with the treatment team will still likely have an expert that's hired by their lawyer for use of expert opinion. But now that expert is also carrying far more credibility in a courthouse. Their opinion is supported by medical records, treatment and the opinions of all these other people involved in your team. Insurance Company Risk Assessment If the insurance company is negotiating to buy a release, that prevents that individual from taking their case all the way through the verdict at trial. Which one do you think they're going to pay more on? In our experience, more than 20 years of doing this. Invariably, 100 percent of the time, the insurance company will pay more money to the person that has a stronger ability to present the case at court. And that's because they're not looking at the pain and suffering and what's right, what's fair and what's reasonable. Insurance companies don't do that. All they think about is risk. And they look at that particular set of facts and that particular presentation and they say, well, that puts us at greater risk of paying more money than the other scenario. Because the risk is greater to us, we're going to pay more to keep that case from going and being told than we will for this other one. It's not fair, probably. But it's important to keep in mind that insurance companies aren't required to be fair. They're not a government entity. They're not a disability policy in this context. They're defending someone that caused the car accident. And that insurance company's mandate is to defend and only pay what the exposure is to their insured. And so really they have no obligations to the injured party. Advice for Injured Parties and Their Lawyers So what does that mean for you and your lawyer? You and your lawyer need to make sure you can tell the story well in a court of law. Whether it's to a judge or a jury. That you can present to a judge or a jury that in fact there is an income loss or a risk of an income loss. That there are medical expenses and ongoing health care that you will require in the future and ongoing expenses. That the event did result in a serious harm to you in terms of your health, your function, your relationships, your enjoyment of life, your recreation, things like that. These are my suggestions from my experience, litigating personal injury cases, both as a defense lawyer, which I was for many years and as a plaintiff's lawyer representing injured victims, which I've now done for much longer than I have as a defense lawyer. That's my experience. Of course, ask questions to your lawyer. Get advice, find out what you could do to help tell your story and create more risk to the insurance company so you get paid more money and you're fairly compensated. Have Questions? Contact Us Today! If you have any questions, we're always here for you. We're happy to help. You can call us 24 hours a day, seven days a week, toll free. You can request a free consultation. Thanks for joining us and we appreciate you. Car accidents are a common occurrence in Florida, and they can be a stressful and confusing experience. In the aftermath of an accident, it's crucial to take steps to protect your rights and ensure that you receive fair compensation for any injuries or damages you have sustained. Unfortunately, many people make mistakes after a car accident that can jeopardize their case. Here are some of the top mistakes to avoid and why they are so detrimental:
1. Failing to Call the Police One of the most important things you should do after a car accident is to call the police. Even if the accident seems minor, it's essential to have a police report on file. The police report will document the accident, including the date, time, location, and details of the collision. It will also provide valuable information about the other driver, such as their name, insurance information, and contact information. The police report is critical and can help you prove your case if you need to file an insurance claim or a personal injury lawsuit. 2. Not Seeking Medical Attention If you've been injured in a car accident, it's crucial to seek medical attention as soon as possible. Even if you don't feel any pain, you may have sustained injuries that need to be treated. Some injuries, such as whiplash, may not be immediately apparent, but they can cause significant pain and discomfort in the days and weeks following the accident. Seeking medical attention will create a record of your injuries, which can be helpful if you need to file a personal injury claim. The medical records will document the extent of your injuries, the treatment you received, and your prognosis. 3. Admitting Fault Never admit fault for a car accident, even if you believe you were partially responsible. Anything you say or do at the scene of the accident can be used against you later on. Instead, simply provide the police with the facts of the accident and let them determine who was at fault. If you admit fault, the insurance company may deny your claim or offer you a lower settlement amount. 4. Not Contacting Your Insurance Company You should contact your insurance company as soon as possible after a car accident. The insurance company will also be able to provide you with a rental car and other assistance while your vehicle is being repaired or replaced. 5. Signing a Release of Liability Insurance companies may try to get you to sign a release of liability, which is a document that releases the insurance company from any further liability for the accident. Never sign a release without first speaking to an attorney. A release could prevent you from seeking compensation for any future injuries or damages that you may discover later on. 6. Not Hiring an Attorney If you've been injured in a car accident, it's important to hire an attorney. An attorney can help you protect your rights and ensure that you receive the compensation you deserve. An attorney will be able to investigate the accident, gather evidence, and negotiate with the insurance company on your behalf. If necessary, an attorney will also be able to represent you in court. 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. 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. Hit by a Car from Quebec in Florida? Know Your Rights Against Out-of-State and International Drivers7/24/2024  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:
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. 📞 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. 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. In our latest YouTube video from Iacobelli Law Firm, we delve into the often misunderstood process of initiating a personal injury claim. Many people assume that a personal injury claim means heading straight to court, but as Andrew Iacobelli explains, the journey begins long before any lawsuit is filed. This video provides an in-depth breakdown of the initial steps involved in starting a personal injury claim, offering valuable insights for those navigating this complex process. Andrew starts by introducing the concept of personal injury claims and dispelling the myth that these claims immediately lead to court battles. Instead, the process begins with crucial pre-litigation steps. These initial steps are fundamental to building a strong case and include gathering evidence, seeking medical attention, and thoroughly documenting the incident. Understanding and executing these steps correctly can significantly impact the success of a claim. Gathering evidence is one of the first and most important steps. This involves collecting any available documentation related to the incident, such as photographs of the accident scene, witness statements, and police reports. Evidence can also include medical records that detail the injuries sustained and the treatment received. The more comprehensive the evidence, the stronger the foundation for the claim. Seeking medical attention promptly is not only crucial for your health but also for your claim. Immediate medical care ensures that your injuries are properly documented, which is essential for proving the extent and impact of your injuries. Delaying medical treatment can give the defendant an opportunity to argue that your injuries were not severe or were not caused by the incident in question. Thoroughly documenting the incident is another key pre-litigation step. This includes writing down your own account of the events as soon as possible while the details are still fresh in your mind. It is also important to keep a record of any expenses incurred as a result of the accident, such as medical bills, repair costs, and lost wages. These records will be crucial in calculating the compensation you are entitled to. The video then transitions into the specifics of starting a claim in court. Andrew explains the importance of filing initial documents, such as complaints, which outline the allegations and the relief sought. This phase is critical as it formally notifies the defendant of the claim and sets the legal process in motion. Properly preparing and filing these documents can set the tone for the entire case. A complaint, also known as a statement of claim, is a legal document that sets out the facts of the case, the legal grounds for the claim, and the specific damages being sought. This document must be carefully drafted to ensure that all necessary information is included and that the allegations are clearly stated. Once the complaint is filed, the next step is serving the lawsuit to the defendant. This involves delivering the legal documents to the defendant in a manner that complies with the rules of the court. Proper service ensures that the defendant is officially notified of the claim and has the opportunity to respond. Failure to properly serve the lawsuit can result in delays and complications in the legal process. The video also sheds light on the defendant's response and the involvement of insurance companies. Andrew elaborates on how insurance companies typically defend claims, the responses they provide, and the common defenses they use to challenge allegations. Understanding the role of insurance companies and their strategies is essential for anyone pursuing a personal injury claim. Once the defendant is served, they have a set period to respond to the complaint. The response can take several forms, including an answer to the allegations, a motion to dismiss the claim, or a counterclaim against the plaintiff. The defendant's response often involves their insurance company, which will investigate the claim and determine how to proceed. Insurance companies have teams of adjusters and attorneys who work to minimize the amount they have to pay out, so it is crucial for plaintiffs to be well-prepared and have strong legal representation. Throughout the video, Andrew emphasizes the uniqueness of each case and the potential for additional actions as the process unfolds. He offers essential tips to ensure that claimants preserve their rights and maximize their chances of a successful outcome. By following these guidelines and being well-informed, individuals can navigate the personal injury claim process more effectively. The legal process does not end with the filing and serving of the lawsuit. There are several stages that follow, including discovery, settlement negotiations, and potentially a trial. During discovery, both parties exchange information and gather evidence to support their cases. This can involve written questions (interrogatories), document requests, and depositions, where witnesses provide sworn testimony. Settlement negotiations can occur at any stage of the process. Many personal injury claims are resolved through settlement rather than going to trial. Settlements can provide a quicker resolution and avoid the uncertainty and expense of a trial. However, it is important to ensure that any settlement offer is fair and adequately compensates for the damages suffered. If a settlement cannot be reached, the case may proceed to trial. At trial, both sides present their evidence and arguments, and a judge or jury makes a decision on the outcome of the case. Trials can be complex and time-consuming, so having experienced legal representation is essential. If you have been recently involved in an accident and need guidance, Iacobelli Law Firm is here to help. We offer free consultations and are available to answer your questions at any time. Reach out to us at 1-866-234-6093 or visit our websites for more information. This video and the accompanying information are provided for informational purposes only and should not be construed as legal advice. If you have a legal question or issue, it is important to seek the advice of a qualified lawyer. Each case is unique, and past results do not guarantee future outcomes. At Iacobelli Law Firm, we are committed to helping you understand your rights and the legal process, ensuring you are well-prepared to pursue your personal injury claim. 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. |
AuthorAndrew Iacobelli is a Florida personal injury attorney. Andrew is also licensed to practice law in the State of Michigan, the State of Texas and the Province of Ontario and regularly represents victims in cross-border injury claims. Andrew restricts his practice to the representation of individuals that have been seriously injured. 
Florida Personal Injury Attorney Andrew Iacobelli
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This site uses content and information prepared by AI including technology from Gemini and ChatGPT technology from OpenAI.
You should always consult with an attorney about specific legal questions you may have.
This site uses content and information prepared by AI including technology from Gemini and ChatGPT technology from OpenAI.
You should always consult with an attorney about specific legal questions you may have.