Searching for personal injury lawsuit tips in Florida?? When is a Driver Negligent and Liable for Damages in a Car Accident? While every car accident is unique, here are some common scenarios in which a driver in Florida might be negligent and liable for the damages caused: Violating the traffic code: A driver who causes an accident by violating the traffic code will likely be liable for the damages caused by the accident. In fact, this is the most common causes of car accidents. Violations of the traffic code that regularly result in car accidents include drivers who ignore traffic lights and drivers who are speeding. Impaired Driving: Sadly, alcohol-related crashes are still fairly common in Florida. According to the Florida Department of Transportation, 5,223 crashes were caused by drivers impaired by alcohol, which in Florida means that the driver has a Blood Alcohol Level (or BAC) over 0.08.
In putting together your settlement demand letter, you figured out a range of what you believe your claim is worth. Before you speak to an adjuster about your demand, decide on a minimum settlement figure within that range that you would accept. This figure is for your own information, not something you would reveal to the adjuster. But once the figures and discussions start going back and forth, it helps if you already have your bottom line in mind. That way, you don’t have to make a snap decision if an adjuster makes you a take-it-or-leave-it offer on the phone. You will know whether it meets your minimum level or not. However, you do not have to cling to the figure you originally set for yourself. If an adjuster points out some facts you had not considered but which clearly make your claim weaker, you may have to lower your minimum figure somewhat. And if the adjuster starts with a low settlement offer or a number at or near your minimum — or if you discover evidence that makes your claim stronger — you may want to revise your minimum upward.
You may be entitled to other insurance benefits. If you have PIP, auto med pay, group or private health insurance or are covered under a spouse’s or parent’s insurance, your attorney can coordinate submission of all collateral insurance claims to maximize your total recovery. Never settle your claim before its time. It sometimes takes many months to settle a claim. Occasionally a claim may take a year or longer to be resolved. In fact, it is not in the accident victim’s best interest to settle certain types of claims too soon because it often takes a long time for serious injuries to become evident or for treatment or surgery to provide the maximum benefit to the injured party.
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.
Florida has a relatively short statute of limitations, the legal term for the amount of time a person has to file a lawsuit. Under state law, a victim of a car accident caused by a negligent driver must file a lawsuit within four years of the accident. Because time is of the essence in these types of cases, it is important for you to contact a car accident attorney in Orlando to discuss any possible legal options that may be available to you. To reach out to a knowledgeable attorney, contact Bengal Law at 407-315-8000. Find more details on Bengal Law: Florida Accident Lawyers & Personal Injury Attorneys PLLC.
The other side is going to make a settlement offer based on what they think a jury might do at trial. Juries make their decisions based on what they see and hear at trial. It’s important to put your best foot forward. This means being polite and respectful at all times and looking your best when you’re due in court. All of these little things can help you convince the other side that a jury is going to be sympathetic to what happened in your case. This small effort can nudge the other side to offer you a fair settlement.