If you’ve been injured in a car accident, one of the first questions you may have is, “How much compensation can I get for my injuries?” The truth is, the value of your claim depends on many factors, including the severity of your injuries, the financial losses you’ve suffered, and the long-term impact on your life. At Iacobelli Law Firm, we believe in pursuing the full compensation you deserve—and not settling for less.
Why Do Some Law Firms Advertise Low Settlements? You’ve likely seen advertisements from other law firms promoting quick settlements for their clients, highlighting amounts that may seem impressive at first glance. However, in many cases, we believe these settlements fall short of what clients truly deserve. For serious injury claims, rushing to a settlement can leave money on the table. These injuries often involve complex issues such as long-term medical care, lost income, and significant pain and suffering. Without the right experts and thorough preparation, these factors can be undervalued, resulting in settlements that don’t fully account for the losses suffered by the injured person. Maximizing Your Compensation for Serious Injuries At Iacobelli Law Firm, we focus on obtaining maximum compensation for our clients. When handling serious car accident claims, we take a meticulous approach to ensure no detail is overlooked. We work with a team of experts to prove the full extent of your losses, including:
By building a strong case supported by expert opinions, we put you in the best position to recover the compensation you deserve. What Factors Determine the Value of My Claim? Several factors influence how much compensation you may receive for your car accident claim, including:
Why Choose Iacobelli Law Firm? At Iacobelli Law Firm, we are committed to securing the maximum compensation for every client we represent. We understand that a serious injury can have a life-changing impact, and we are passionate about holding responsible parties accountable. If you’ve been injured in a car accident, don’t settle for less than you deserve. Contact us today for a free consultation. We’ll evaluate your case, explain your rights, and fight to ensure you receive fair and just compensation for your injuries. Contact Iacobelli Law Firm Today Let us help you navigate the complexities of your car accident claim and secure the compensation you deserve. Call us now or visit our website to schedule your free consultation.
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In a personal injury case, the injured party is likely going to have to have their deposition taken if the case goes into litigation. Your lawyer will prepare you for that. They'll explain the process and the subject matter that's expected to be covered in the deposition.
Understanding the Deposition Process Deposition in a personal injury case is when the witnesses give oral testimony under oath before trial. It's part of the discovery phase of litigation. Discovery Phase and Evidence Gathering So that means a lawsuit has been filed, but maybe a trial date is still some time away. And so the parties have the right to request witnesses in advance to give their evidence. That means the attorney gets to ask questions of the various witnesses to get their evidence under oath and make assessments of what they would say at trial, if the case ever made it to trial. Most cases settle, but a big part of getting a fair resolution of a case is the evidence that's obtained through deposition. Duration and Complexity of Depositions In the context of a personal injury case, the plaintiff or the injured party's deposition usually lasts several hours. It will depend on the complexity of the case in terms of liability, meaning the event that caused the injury or harm, and also the complexity of the injuries themselves. The impact it's had on the person's life, the type of health care, whether it's impacted work, home, leisure, etc. I tell clients, expect your deposition to be about three hours. Most jurisdictions have rules on the length of time, and you will need to consult with your specific jurisdiction and your attorney on what the rule is for the maximum length of time, but as a rule of thumb, they can run anywhere from three hours to a full day. We tell clients to make themselves available for the entire day of their deposition. You don't want the client to be under stress and have time constraints or anything else. Set aside the day unless your lawyer tells you otherwise. On this particular day, your focus is doing the best you possibly can at your deposition. Importance of Taking Depositions Seriously Most cases never go to trial. Statistics are well over 90 percent of cases will settle before trial. The value of the case in terms of how much is paid when it settles is often because of the testimony of witnesses at deposition. The deposition can play a critical role in resolving your case as well, giving your lawyer the tools to be able to then negotiate a settlement on your behalf. Take the deposition seriously, put in the effort to prepare, because It likely will be the only time that the other side actually gets to hear from you. Although the opposing party will have access to your medical records, the reports of the police, or the other documents relating to how the event occurred, this is really the only time they get to hear from the injured party themselves about what happened and how it impacted their life. Take it seriously, be prepared so that you can put your best foot forward and make the best use of the time. Who Will Be Present at the Deposition? So typically present at the deposition will be the deponent or the witness. So you, if, If you're the victim in a personal injury case, your lawyer, a court reporter. Court reporter is going to record everything that's said so that a transcript can be obtained later. And finally, the examining lawyer or lawyers, so the attorney on the other side. It could be one or it could be many. We've had depositions with boardrooms full of attorneys if there's multiple parties. In a more straightforward, typical case, there might just be one attorney on the other side, you and your lawyer and a court reporter. In advance of the deposition, you should ask your attorney, who's going to be present? How many people are going to be there? What are their roles going to be? Just so you have some comfort. Handling Questions and Stress Questions will come from the opposing counsel, the attorney representing the defendant, who in personal injury cases is almost always selected and hired by an insurance company. Sometimes those lawyers are employees, direct employees of the insurance company. Every examining lawyer has a slightly different style. Okay, everybody does it their own way. There's no one way to depose a witness. So it's really tough to prepare a client to anticipate the questions. In my practice, you know, I try to educate my clients on what they're trying to achieve at the time of deposition. So what's the insurance company looking for and how do you best present that in the light most favorable to you. It is a stressful environment because you're the one on the hot seat. You're the one being questioned. Take comfort in the fact that your lawyer will be seated probably right next to you, okay. If it's in person, they'll be seated right next to you. If it's by Zoom, you'll have to decide how to coordinate that with your lawyer, whether you'll both be appearing from separate locations or from one location and join the Zoom call together. Some depositions are recorded by video, but they're always recorded in terms of what's said. There's always a transcript created. Which can in many cases be used at trial. Breaks and Comfort During Depositions So we talked about the length of the deposition, that it could be several hours, maybe a, maybe a full day event. Important to know that you don't have to sit there and go through this. It's not an endurance test. You can take as many breaks as you want, especially people who have an injury. and maybe sitting for a long time or staying in a stationary position for an extended period of time is problematic. You can certainly take breaks. Talk with your own counsel in advance and sort of come up with an idea of how often you'll take breaks, but you can certainly request the break anytime. The lawyers involved are usually very accommodating. They'll tell you, you can take breaks as needed. So take advantage of the opportunity to take a break. It allows you to stand up, stretch, get some air, clear your mind, reset, refocus, and go back and do the best job you can. Typically a deposition in a personal injury case will only occur once. There are times where there have been changes to medical conditions. For instance, someone had a back injury, they gave their deposition, but then ultimately they had surgery and now they have recovered from surgery. There may be circumstances where there's an agreement to reconvene for another deposition, but where there is a second deposition, it's typically restricted to a particular area that couldn't have been covered before. So in that scenario, maybe the surgery and the outcome of the surgery that the examining attorney couldn't ask before. That's relatively rare. Most of the time, there's only a single deposition. Post-Deposition Steps and Conclusion Following a deposition, the next steps are typically settlement conferences, either mediation or informal settlement conference between your lawyers, your lawyer and the opposing counsel, sometimes a pre-trial conference with a judge. There are lots of opportunities to resolve cases after deposition. The cases in litigation Sometimes not as easy to settle a case until at least the deposition has been completed and the lawyers are able to hear from the other side. Have Questions? Contact Us Today! If you have questions, feel free to reach out to us. We're happy to talk to you. We wish you all the best on your deposition if you're getting ready for one. If you're one of our clients, we'll prepare you. If you're not, speak to your attorney, make sure you're prepared and ready to go. After a car accident in Florida, one of the first calls you may receive is from an insurance adjuster offering a settlement. While it might be tempting to accept this offer, especially if you’re dealing with medical bills and lost income, the first settlement is rarely enough to cover the true costs of your injuries. Here’s why you should think twice before accepting that initial offer and how consulting a personal injury attorney can help ensure you receive fair compensation.
Why Insurance Companies Offer Low Initial Settlements Insurance companies operate with profit in mind, which often means minimizing payouts on claims. They may quickly present an initial settlement to close the case before you’ve fully assessed the impact of your injuries. This offer is often based on standard calculations that don’t take into account the full extent of medical expenses, long-term treatment, and other factors affecting your claim. By accepting a low initial settlement, you may miss out on compensation for critical expenses and damages, such as:
Understanding the Tactics Used by Insurance Adjusters Insurance adjusters are trained to reduce liability for the company. They may use various tactics to persuade you to settle quickly and for less than your claim is worth. Some common approaches include:
Why You Shouldn’t Settle Before Knowing the Full Extent of Your Injuries Car accident injuries can have delayed symptoms, meaning that you may not experience the full impact until days or even weeks after the accident. Conditions like whiplash, concussions, or back injuries can worsen over time and may require ongoing treatment. Settling too soon could leave you without funds to cover these future expenses. Before accepting a settlement, it’s essential to:
Calculating the True Value of Your Claim The value of a personal injury claim is based on more than just initial medical expenses. To ensure you’re fairly compensated, your claim should consider both economic and non-economic damages, including:
An experienced Florida car accident attorney can help calculate these damages accurately to provide you with a realistic estimate of what your claim is worth. How an Attorney Can Help You Secure a Fair Settlement Working with an experienced personal injury attorney can level the playing field and protect your interests. Here’s how an attorney can help:
The Risks of Accepting the First Offer If you accept the first settlement offer, you will likely be required to sign a release, which forfeits your right to seek additional compensation later. This means that if you incur more medical expenses, need further treatment, or suffer ongoing pain, you won’t be able to reopen your claim. Once you sign, you waive your rights to future compensation for the accident. Take Control of Your Claim with Informed Decisions After a car accident, the first offer from an insurance company may not reflect the true value of your claim. By understanding the tactics used by adjusters and consulting with a skilled personal injury attorney, you can avoid common pitfalls and protect your right to fair compensation. At Iacobelli Law Firm, we’re dedicated to helping Florida residents navigate their car accident claims and ensuring they don’t settle for less than they deserve. Contact us today for a free consultation, and let us help you understand the true value of your case. Being in a car accident can be physically painful, emotionally overwhelming, and financially stressful. In Florida, you may be entitled to compensation not only for medical bills and lost wages but also for pain and suffering—if your injuries meet certain criteria. Understanding when you can pursue compensation for pain and suffering can help you take the right steps toward securing a fair recovery. What Is Pain and Suffering in a Florida Car Accident Claim? Pain and suffering refers to the non-economic damages you endure after an accident, including physical pain, emotional distress, anxiety, and reduced quality of life. Unlike tangible costs like medical expenses, pain and suffering compensates you for the less quantifiable impact that an accident has on your life. How Florida’s No-Fault Insurance Affects Pain and Suffering Claims Florida is a no-fault insurance state, which means that each driver’s own insurance policy is typically responsible for covering initial medical expenses and lost wages, regardless of fault. This is known as Personal Injury Protection (PIP) coverage. However, PIP benefits are limited, and they don’t cover pain and suffering. To sue for pain and suffering after a car accident, you must first meet Florida’s threshold for “serious injury,” allowing you to go beyond PIP and pursue compensation from the at-fault driver’s insurance. What Qualifies as a Serious Injury in Florida? To sue for pain and suffering, your injuries must meet at least one of the following criteria under Florida law:
How Pain and Suffering Damages Are Calculated in Florida Calculating pain and suffering damages can be complex, as these damages don’t have a direct monetary value. Attorneys and insurance companies often consider several factors:
Steps to Take If You Believe You Qualify for Pain and Suffering Compensation If you’ve been in a car accident in Florida and believe you meet the criteria for pain and suffering damages, here’s what you should do:
How Iacobelli Law Firm Can Help At Iacobelli Law Firm, we understand the unique challenges faced by accident victims in Florida. We know how life-altering injuries can impact not only your physical health but also your emotional well-being and financial stability. Our experienced team of personal injury attorneys will work diligently to assess your case, gather necessary evidence, and pursue the compensation you deserve for pain and suffering. We’re committed to helping Florida residents navigate the legal system and ensuring they receive fair compensation for their injuries. Whether through negotiation or litigation, we fight tirelessly for our clients’ rights. Protecting Your Right to Fair Compensation If you’re dealing with serious injuries from a car accident in Florida, you don’t have to handle the burden alone. Understanding when you can sue for pain and suffering is the first step in taking control of your recovery. By consulting with a knowledgeable attorney, you can ensure your rights are protected and work toward the compensation you deserve. Contact Iacobelli Law Firm today for a free consultation. We’re here to answer your questions, evaluate your case, and help you pursue the justice and compensation you need to rebuild your life. Have you ever wondered what happens if you're injured in an accident while traveling in another country? Or what if someone from another country causes an accident in your home state? Our latest YouTube video tackles a crucial topic for Canadians traveling south: what happens if you're injured in an accident while visiting Florida? Many Canadians, especially "snowbirds" escaping the winter chill, may not realize the complexities of navigating personal injury claims in a different country. These complex situations fall under the umbrella of cross-border accidents, and they come with their own set of legal considerations. We delve into the intricacies of cross-border accidents, focusing on incidents between Canada and the U.S. We discuss:
Whether you're a frequent traveler or simply curious about international law, this video will provide valuable insights into cross-border accidents. Watch now and learn how to protect yourself and your loved ones while traveling. Don't forget to subscribe to our channel for more informative videos on personal injury law and other legal topics! Disclaimer: This video is for informational purposes only and does not constitute legal advice. If you have been injured in a cross-border accident, it is crucial to consult with a qualified attorney in your jurisdiction. 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. 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. |
AuthorAndrew A. 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. Archives
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