It is important to be prepared when facing an upcoming settlement negotiation after a personal injury. To seek maximum insurance settlement payouts, work with a personal injury attorney who can assist in preparing the claim and has experience representing victims in negotiations. After hiring an attorney, there are a few insurance claim tips to keep in mind that may make it easier to achieve a fair settlement. Go Into Negotiations With a Settlement Amount While there is no guarantee that the insurance company's initial offer will meet the injured party's expectations, it is essential to have a reasonable amount in mind when presenting the organized demand letter. The insurance adjuster will assess the demand and all supporting documents and make an offer lower than the demanded sum. Therefore, it is essential to have a bottom line in mind for negotiations. An attorney can help injured parties determine a fair and reasonable amount to expect before entering into settlement negotiations or submitting a claim. Do Not Feel Pressured Into Accepting the First Offer Because insurance company tactics often include lowball first offers to reduce the payout,…Read More
If you are like many plaintiffs in personal injury cases, you have virtually no legal experience. You may not know which actions could help or hurt your case, and you fear making a mistake that hurts your payout. Our Florida personal injury lawyers have been representing accident victims for over 40 years and have witnessed a few common mistakes among clients. Avoid these errors as you navigate your personal injury claim. 1. Leaving the Accident Scene Without Gathering Crucial Evidence Whether you were involved in a vehicle crash, premises liability event, or any other type of personal injury accident, evidence is critical to your case. And some of the strongest evidence only exists at the scene of the accident. Once you leave, it will become lost forever. That’s why it is so important to gather evidence immediately after the accident before you leave the scene. Take photos and videos of the hazard that caused your injury. Call the police to request a police report and ask for the contact information of any witnesses. Your Florida personal injury lawyer will be very thankful that you collected…Read More
How do serious injuries impact your payout? Dive in to learn more about how permanent disabilities influence settlement amounts.When an injury leaves you with a permanent condition, the future may seem bleak and unclear. From medical expenses and lost wages to ongoing care, the financial considerations can feel endless. What’s more, serious injuries often result in lingering pain and discomfort that just won’t seem to go away. What options do you have in such an unfortunate situation? How can you prepare for the future ahead? With the proper legal guidance, many of these uncertainties become clearer – and so does the opportunity to regain financial stability… Permanent disabilities can manifest in a variety of ways, but one factor remains the same: they fundamentally alter the victim’s life, often limiting their ability to work, perform daily tasks, and engage in the activities they once enjoyed. This profound impact, referred to as pain and suffering, is crucial to the accurate calculation of personal injury compensation. Extending beyond immediate medical expenses, these pain and suffering injuries must also account for long-term care, employment restrictions, and the emotional suffering that…Read More
There is a wide range of misconceptions about personal injury settlements. Many victims are unsure what to expect, which can lead to disappointment and confusion. Unrealistic expectations about the settlement process and an inaccurate understanding of compensation often lead to frustration and doubt. Whether you suffered an injury in Sarasota or Hallandale Beach, uncovering the truth behind these myths can help you manage your expectations and create a smoother legal process. In this article, we’ll debunk some of the most common misconceptions surrounding personal injury settlements – helping you navigate your claim with clarity and confidence. Myth #1: All Personal Injury Claims Yield Large Settlements One of the most common myths is that all personal injury claims lead to large settlements. Many victims expect the simple act of filing a claim to result in a payout that covers all their expenses and more. In reality, the compensation process is far more complex. Personal injury settlements depend on a range of factors, such as the severity of the injury, the available insurance coverage, the negotiation process, and the clarity of liability. While some cases do result…Read More
The field of personal injury law is constantly changing. With new legislation being enacted regularly, it is crucial to be up-to-date on the latest developments to ensure your success. However, simply being informed is not always enough – you should also have access to the legal tools necessary to navigate the world of personal injury law effectively. How is this achieved? By working alongside a trusted professional who puts your best interests first… As of March 2023, Florida instituted tort reform that transformed foundational aspects of personal injury law. These changes affect the statute of limitations, damages calculation, and even how negligence is determined. Whether you are a seasoned lawyer or an injured individual, understanding these important updates is critical for approaching personal injury claims with confidence and precision. Here’s what you need to know about the recent changes to Florida’s personal injury laws… The Statute Of Limitations Has Been Shortened Among the most significant alterations to Florida’s personal injury law in 2023 was the shortening of the statute of limitations for general negligence claims. In previous years, victims had four years to file a…Read More
It’s a common source of confusion: how to distinguish between bodily injury and personal injury…and also why it matters. In a general context, the term ‘bodily injury’ is used to refer specifically to physical injury to the body, such as bruises, broken bones, burns, cuts, muscle tears, and dislocations. In contrast, the term ‘personal injury’ is used to refer to a broader range of damages that can result from any type of accident, such as emotional and mental trauma (in addition to bodily injury). Both personal injury and bodily injury lawsuits often involve property damage, but a property damage claim is not a component of either; it is a separate claim that can cover damages to both real property (e.g., fixed property, like a building) and personal property (e.g., vehicles, jewelry, clothing). A related source of confusion is the difference between personal injury protection (PIP), bodily injury coverage, and property damage liability. Bodily Injury Coverage — This type of insurance covers at-fault individuals against lawsuits brought by anyone who has suffered injuries caused by the at-fault individual. Bodily injury coverage will not cover the policyholder’s own…Read More
South Florida is literally overrun with lawyer ads, billboards, bus ads, and lawyer referral services, so finding the right personal injury lawyer in Miami-Dade, Broward or Palm Beach counties can prove daunting and confusing. If you or a loved one have suffered a personal injury due to the negligence of others, you need a lawyer with a practice concentration in personal injury claims who knows the rules, how to negotiate, and is able to put up a good fight with insurance adjusters. Since insurance companies are not easy to deal with, the best way to get the compensation you deserve for your pain and suffering is to hire an experienced South Florida personal injury lawyer. The dedicated attorneys at Fenstersheib Law Group, P.A., understand the devastating impact that personal injuries can have on you and your family. When medical bills are piling up, and insurance companies are not responding promptly, the stress can become unbearable. Our experienced lawyers have successfully handled thousands of accident claims and helped countless families recover their damages. Our personal injury lawyers will always take the time to review your case…Read More
If you need to file a personal injury lawsuit in South Florida, there are a few basic steps to follow in order to help your claim progress as quickly and efficiently as possible. First and foremost, look after yourself and get the medical attention you need. But when all the confusion and stress pass, consult with a qualified, experienced Florida Personal Injury Attorney, and be sure to follow the legal advice. While friends and family certainly have your best interests in mind, following their advice about important legal matters is not usually a wise decision. Heed your lawyer’s directives – remember that your attorney is the expert. Let your attorney know immediately about any concerns or issues that you may not fully understand. You should keep a detailed set of records of everything related to or pertaining to the case, including any time missed from work and resulting lost earnings. Make your best effort to accurately document all expenses incurred on medical treatment, prescriptions, and any out of pocket expenses related to your injury – save all available receipts for any expenses related to the…Read More
Personal ijury lawyers typically work on a contingency fee basis. This means that compensation for their legal services gets recovered only after they have managed to obtain a favorable settlement or verdict for their client. Normally, contingency fee plans are based on a percentage of the money that has been recovered in the case, and since the attorney is only entitled to receive payment in the event of a favorable outcome. These plans are extremely beneficial for victims of personal injuries or cases where money damages are expected, as all legal expenses to file the case are borne by the attorney. The Florida Supreme Court establishes the percentages for contingency fees in our State, and these fees typically range between 33.3% and 40% (whether pre-suit or litigation) of the total compensation that has been awarded to the client. It is very important to note that a reputable personal injury attorney will always explain, fully and clearly – before he takes on a case – his specific contingency fee percentage to the client, and whether the fee is based on the net or gross amount of the compensation.…Read More
When someone has suffered personal injuries resulting from the negligence of others, the amount of compensation is largely determined by the nature and extent of the injuries. Most accidents yield only minor bumps and bruises, but severe accidents can have catastrophic consequences for the victim and their loved ones. Whatever the extent of the injuries, the actual amount of pain or physical discomfort that the injured party experiences is the most compelling factor in determining damages to be awarded. It’s important to note that injuries affect everyone differently, and the same type of injury that can result in minor surgery and prompt recovery in one individual can cause permanent disabilities in another. When severe injuries are incurred, the medical costs will be exponentially higher, and more lost income is to be expected due to time missed from work along with quality of life. Therefore, more economic damages would be awarded. Serious injuries are typically defined by various criteria, including the type of injury, need for and length of hospitalization, inability to resume employment and common daily activities, and length of recovery and rehabilitation. The mental…Read More
