Lawyers when dealing with personal injury problems in Florida? In Florida, a person will be responsible for the damages caused by a car accident if he or she behaved in a negligent manner. Negligence is a legal term that, in common terms, means recklessness or carelessness. Whenever a driver chooses to get behind the wheel, the law imposes a “duty” on the driver to behave in a reasonable manner. When a driver does not behave in a reasonable manner, and that unreasonable behavior causes a car accident, then the injured victim may be able to recover damages in an Orlando court. The definition of “reasonable” and “unreasonable” behavior is typically left to a jury, since the behavior is unique to the circumstances and facts surrounding the car accident. For example, a driver who causes a car accident while driving at the speed limit would likely be behaving reasonably if the weather was dry, the traffic conditions were clear, and the driver was focused on the road. On the other hand, if the driver was going the speed limit during a torrential downpour and consequently caused a car accident, then a jury may find that going the speed limit in these circumstances is “unreasonable behavior.”
If in your first conversation, the adjuster makes an offer so low that it is obviously just a negotiating tactic to see if you know what your claim is really worth, do not immediately lower the amount you put in your demand letter. Instead, ask the adjuster to give you the specific reasons why the offer is so low. Make notes of the conversation. Then write a brief letter responding to each of the factors the adjuster has mentioned. Depending on the strength of any of the adjuster’s reasons, you can lower your demand slightly, but before lowering your demand very far, wait to see whether the adjuster will budge after receiving your reply letter. The next time you speak with the adjuster, begin by asking for a response to your reply letter. The adjuster should now make you a reasonable offer upon which you will be able to bargain and arrive at a fair final settlement figure.
Be certain to provide your attorney with the names and addresses of all doctors who have treated you in the past. Insurance companies will try to obtain all of your past medical records in an attempt to prove that your injuries existed before the accident, thereby reducing the potential value of your pain and suffering damage claim. Insurance companies keep records of all claims ever made and share that information with each other through their Comprehensive Loss Underwriting Exchange Database. Once the insurance company has your identifying information, i.e. your name, date of birth and SSN number, the insurance company is certain to find virtually any claims you have ever made in any state.
Don’t be surprised if the insurance company offers you a settlement shortly after your injury accident. Typically, this means they know you have a viable claim. They might offer you a small settlement, hoping you will take a quick payout, even though the value of your claim could be significantly higher. Once you accept that settlement, you will give up your rights to recover any further compensation.
If you or a loved one were injured by the negligence of a semi truck driver, then an Orlando truck accident may be able to help you recover for your damages. Under Section 95.11 of the Florida Code, a person injured in a truck accident will have four years from the date of the accident to file a negligence lawsuit against the truck driver or their trucking company. More urgently, some of the evidence required to prove negligence can dissipate over time. To ensure you have the strongest case possible, contact us at 407-315-8000. Bengal Law: Florida Accident Lawyers and Personal Injury Attorneys PLLC. Discover even more info at https://bengallaw.com/.
The jury is going to decide your case by looking at the evidence. Even the other party is going to decide whether to offer you a fair settlement based on the strength of your case. That means the more you can do to preserve evidence, the greater the chance of winning your case is going to be. You should take photos of the accident scene and your immediate injuries if you’re able to. It’s important to try to collect names and contact information for witnesses. If there’s a police report, you will want to get a copy as soon as possible. Your attorney can follow up on this information to collect detailed witness statements and prepare the case.