Accident lawsuit 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.”
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.
Insurance company private investigators have been known to carry concealed tape recorders to interview claimants and their friends or acquaintances. You should never discuss your case with anyone other than your attorney and your treating doctors or therapists. It is extremely important that you advise your attorney of any PRIOR ACCIDENTS, PRE-EXISTING INJURIES or PRE ACCIDENT PHYSICAL COMPLAINTS. Many good cases are compromised or lost because the injured person forgets or conceals previous injuries or history of physical complaints from his or her own attorney.
If you were wrongfully injured, you deserve fair compensation. The more accurately and thoroughly you can document your claim, the better your chances of maximizing your personal injury settlement. This might include demonstrating how the at-fault party’s actions caused your accident and injuries. Take photos of the accident scene and collect contact information from any witnesses that are present. You’ll also need to get a copy of your police report.
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. Read extra info at https://bengallaw.com/.
When you’re hurt, it’s easy to want a check in your hands as soon as possible. Sometimes, accepting the first offer you receive can prevent you from maximizing your compensation. To get the best recovery in your case, you have to let the other side believe that you’re willing to go the distance. This can mean rejecting the first, second or even third offer. It’s important to work with an attorney for an expert opinion about whether to accept or decline a settlement offer.