How does an insurance company decide how much they will pay to compensate someone for an injury?

Posted By on December 27, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: How does an insurance company decide how much they will pay to compensate someone for an injury?

A: Insurance companies will look at the liability or the fault aspect of the case as well as the damages and will analyze whether it believes it’s insured, is it fault in the case or partly at fault in the case, and it will also look at the nature and extent of the damages. Insurance companies are highly skilled in evaluating cases given the fact that they have had thousands and millions of such cases. They generally categorize such cases depending upon the injuries you sustained and they offer an amount based upon what they’ve offered in the past and what they’ve seen juries give when cases go all the way through a jury.  Again, they will analyze the issue of fault or liability, and they will analyze the nature and extent of the injuries including any future damages and future medical treatment that’s going to be needed.

Related:

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

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What happens if a police report is wrong about the facts of your Florida car accident?

Posted By on December 20, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: What happens if a police report is wrong about the facts of your Florida car accident?

A: Often times police reports have misinformation about the accident, or are incorrect about how the accident occur. These police officers and public-safety-officials fill out so many of these, that often times there’s incorrect information. Do not panic. You can try to contact the police department or the officer involved, to have that information corrected. Even if the police officer refuses to correct it, normally police reports, in Florida, are not admissible in evidence. What’s contained in the police report is not made known to the jury or made known to the judge. Do not panic if there is misinformation about how the accident occurred, as that often happens, because the police report will not get into evidence.

Related:

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

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Slip and Falls on Wet Floors  

Posted By on December 15, 2016

Losing your footing on a wet floor can result in serious injuries.  For some accident victims, these injuries can even be life-threatening (particularly if the victim is elderly).  Still, insurance adjusters and defense lawyers will try to minimize these claims.

From a victim’s perspective, it’s difficult to understand why these claims aren’t always taken seriously especially when you look at the research about these accidents.  For instance, according to the National Floor Safety Institute, research reveals the following regarding slip and fall accidents:

  1. Wet floor slip and falls can be fatal.
  2. Over 1,000,000 people will visit an emergency room each year because of injuries sustained in a slip and fall accident.
  3. Falls are the main reason that people visit the E.R.
  4. Slip and falls are the primary reason that people are sick and cannot come into work.
  5. Floors (and flooring materials) contribute directly to over 2 Million slip and fall accidents each year.

 

Wet floor sign CANEX

 

If you or a loved one have been seriously injured in a wet floor slip and fall in Florida, then you should know how our laws work to protect victims, including evidence requirements and compensation thresholds.

Whether you are negotiating your slip and fall accident claim directly with the insurance adjuster or you have hired a personal injury lawyer to help you get justice in the aftermath of your slip and fall, we are happy to provide you with the following information:

How Do You Prove The Floor Was Wet?

During a lawsuit, and even before a lawsuit is filed, it is the obligation of a slip and fall victim to prove with authenticated, admissible evidence that the floor was wet at the time of the incident.  A demand for damages will need to explain (1) the circumstances of your fall and (2) why you believe your fall was caused by a wet substance on the floor.

How can you do either of these tasks?  Evidence can include photos taken at the time of the accident, as well as witness statements describing the conditions.  The store or business should have records of what happened (including video surveillance, which they do not like to share with victims).  All of these can be used to support a claim.  Similarly, police reports or EMT documentation may be helpful here as the responders will likely include a description of the floor surface in their reports.

Evidence here can include things like details regarding:

  • wet clothing left on the floor;
  • wet clothing dripping near the pool or spa;
  • pooling and puddles after a thunderstorm;
  • streaks on the floor surface;
  • skid marks or wheel marks on the floor surface;
  • foot prints on the floor surface; and
  • any records that describe how the area was cleaned up (paper towels, mop) after the accident.

Proving How Long Was the Water on the Floor

Another issue in a wet floor slip-and-fall claim will be how long the liquid was on the floor.  If the owner or operator delays in cleaning up a spill in the grocery store aisle or mopping a walkway after a rain shower, then that delay alone may be evidence of negligence.

Why?  The business owner is legally required to know the condition of his or her business premises and has a duty to take steps to make sure things are safe for customers and guests (“invitees”).  If there is a spill or accumulation of liquid on a floor surface, then the business has to fix that problem and protect people from harm.

However, there’s a reasonableness standard here. The law does allow the business some leeway, and the surrounding circumstances will be considered. A grocery store needs to keep its aisles clean, but it is not legally required to keep employees with mops on each aisle.  The store has a duty to act prudently to watch over its premises for safety issues and when one is found, like a spill, to fix it promptly (acting prudently can include a regular maintenance schedule of checking for dangerous conditions – the store may maintain a log book to record these maintenance checks – during a lawsuit, you can ask to see the log).

Watch: Grocery Store Falls – What Is The Effect On My Lawsuit If I Can’t Prove Amount Of Time Substance Was On The Floor?

Sources of the Wet Substance

There are all sorts of ways that a floor surface can become wet and dangerous.  The location of the floor is one thing: indoors or outdoors, wet floors can cause slip and fall accidents.

Here in South Florida, rain and ocean spray are constant risks of a fall in all sorts of locations.  Added to the physical location of the accident site are the varieties of operations that can be done there.

Different businesses have different wet floor slip and fall risks.  Some of these include:

  • Grocery store’s frozen food aisle has defrosting food;
  • Melting ice cream in a convenience store aisle;
  • Rain in the entryway to the doctor’s office building;
  • Children spills in a fast food restaurant;
  • Rain puddles in the stairwell of the college dorm parking garage;
  • Sprinkler puddles in the parking lot of the condominium.

Preventative Measures

Businesses are aware of their duties to prevent and protect against accidents on their premises.  Insurance carriers are also well-versed in how accidents can happen and work hard to educate their policy holders on how to minimize the risk of liability for an accident claim.

The efforts made to protect against slip and fall accidents due to a wet floor surface are dependent upon the area and location of the risk.  However certain kinds of preventative measures will be undertaken in much the same way, indoors or outside, regardless of whether the danger lies in places like:

  • Parking lots;
  • Sidewalks or Walkways;
  • Food and Drink Areas in Dorms, Restaurants, or Cafeterias;
  • Showers or Bathrooms of Hotels and Resorts.

First, the business will probably set out warnings to anyone who might use the wet floor surface.  It is commonplace to see wet floor signs near South Florida beachfront bars and hotel lobbies as well as local restaurants, shops, and office buildings.

These warnings are important.  However, businesses need to do more than warn about a wet floor.  They need to take steps, “preventative measures,” to protect against a slip and fall.

Preventative measures involve doing things to ensure there is good traction on the floors, even if the floors are wet.  This can be done with grading into outdoor flooring, and with rubber stripping of indoor floor surfaces.

Another preventative measure used both inside and outdoors are anti-slip floor treatments.  Here, the business places anti-stripping materials or anti-skid paint on the floor or even on the hotel bath tub or shower flower.  These measures help provide traction even if there is a wet floor surface.

Preventative measures may also be floor mats placed indoors and outside to absorb any moisture that might otherwise accumulate on the floor surface.  These can be placed permanently in the location, or the business may have “rain mats” or “storm mats” to use only in bad weather.

Locations Where These Falls Occur

In South Florida, our climate and locale invite wet floor surfaces, particularly for businesses that enjoy a close proximity to our beautiful ocean beaches.  Sometimes, humidity alone can steam up a bar or restaurant and cause a wet floor condition.

This means that there are all sorts of places where the danger of a serious slip and fall on a wet floor surface exists here.  Examples include:

For an accident victim, the key here is to understand the duty of that business and its industry.  Different businesses take different steps to protect against wet floor slip and fall accidents.

For instance, a grocery store has a duty to keep its aisles safe and free from spills by routinely checking for hazards.  Similarly, anyone operating in the restaurant industry knows the need to keep kitchen floors safe by using special flooring mats, as well as to make sure that restaurant dining areas are safe for patrons.

Florida Statute – Transitory Substances

When there is a wet floor on a Florida business premise, then the owner and operator has a legal duty to warn its guests and clients that there is a dangerous condition by taking measures like displaying a “wet floor” sign.

However, the wet floor sign is only required if the business knew or should have known of the wet floor surface.  These are complicated issues, controlled by Florida statute 768.0755.

If there is a lack of proper warning and someone falls on a wet floor, the failure to have a “wet floor” sign may be enough to establish the liability of the business owner.  Each situation must be evaluated on its own individual facts.

For more information, read “I Slipped and Fell at the Store But There Was a Wet Floor Sign: Do I Have a Case? In Florida, Maybe.

Negligence

The legal basis for a business being at fault or responsible for paying an accident victim’s damages after a slip and fall accident on their wet floor is “negligence.”

Negligence involves a duty to the victim; and a breach by the business (which the victim has to prove); with the breach of duty causing the victim’s harm (which the victim has to prove).

In a wet floor slip and fall case, these negligence scenarios can involve all sorts of things, including:

  • excessive amounts of wax or polish,
  • treating one part of floor and leaving other parts untreated,
  • failing to use proper floor treatment,
  • not using a non-skid product,
  • failing to close off an area where there is a wet or damp floor.

Common Injuries Resulting From a Wet Floor Slip and Fall Accident

When the business is found negligent, then what happens?  They are responsible for compensating the victim and paying the costs and expenses resulting from the accident.  These damages can include medical bills, rehab therapy, pain and suffering, lost wages, and loss of enjoyment of like, resulting from injuries like:

Additional Resources About Wet Floor Slip and Fall Accidents

If you want to learn more about slip and fall litigation in Florida, check out the following:

  1. Our discussion on Can Your Slip And Fall Claim Related To Water On The Floor Survive A Summary Judgment?
  2. Alan’s video, “What happens if I can’t prove how the water got on the floor in my slip and fall case?
  3. Our Slip and Fall Table of Contents, which provides forms, pleading examples, and more.

Demanding Justice

Experienced slip and fall attorneys have seen all sorts of scenarios.  It’s amazing how varied the circumstances can be to cause someone to slip and fall on a wet surface here in South Florida.

All too often, insurance adjusters dismiss these claims as minor or they outright deny responsibility for what has happened to the victim.

If you or a loved one has been injured in a slip and fall accident on a wet floor here in Florida and you have questions about dealing with an insurance adjuster, a good piece of advice is to speak with an experienced Florida personal injury lawyer to learn about some of the issues that can arise, including how most insurance companies respond to these claims and the type and amount of damages you can recover. Most personal injury lawyers, like Alan Sackrin, will offer a free initial consultation (over the phone or in person, whichever you prefer) to answer your questions.

Also see:

How To Settle A Personal Injury Claim Without a Lawyer

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

If you found this information helpful, please share this article and bookmark it for your future reference.

Grocery Store Falls – What Is The Effect On My Lawsuit If I Can’t Prove Amount Of Time Substance Was On The Floor?

Posted By on December 13, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: What Is The Effect On My Lawsuit If I Can’t Prove Amount Of Time Substance Was On The Floor?

A: Well, sometimes if you cannot prove by any evidence for how long the substance was on the floor, the case may very well be dismissed by the judge. All is not lost all the time. If you could show that the type of condition, which occurred and caused you to fall occurred regularly, and was a foreseeable condition, the judge very well may allow the case to proceed to a jury to have a jury determine whether it was negligence. Also, if for example, there’s a leak in a roof that the store knew about or should have known about, and some water comes periodically and it’s cleaned up periodically, well, even though that particular water that you might slip on might have only been there for five or ten seconds, since the store knows it has a continuing problem, then you can prove negligence in that regard.That it didn’t correct the continuing problem, even though that particular water that you fell on had maybe just fallen to the floor 30 seconds before you slipped and fell. Normally, you must prove or show some evidence that the object or the substance was there for some period of time, but sometimes, even if you can’t prove that, you could still win your case.

 

Related:

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

If you found this information helpful, please share this article and bookmark it for your future reference.

How do I prove that a driver was distracted?

Posted By on December 6, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: How do I prove that a driver was distracted?

A: It’s difficult to prove that this driver was distracted. However, it can be done. For example, in many motor vehicle collisions, there might be a witness to the accident who may have been a driver next to the driver who caused the accident, who might have seen that driver shortly before the impact looking down, looking at a cell phone, reaching for the radio. It’s possible through eye-witness testimony to show that a driver was distracted.

Additionally, you can show a driver was distracted if you can prove that the driver was texting or on the cell phone at the time of the accident, and that can be proven through subpoena-ing records of the provider to see if the person was on the phone at the time of the collision.

Although not easy, it can be done and has been done successfully in many instances.

Related:

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

If you found this information helpful, please share this article and bookmark it for your future reference.

Abusive Insurance Adjusters – Leveling The Playing Field

Posted By on December 1, 2016

Accidents interrupt lives. Not just yours, but those who rely on you.  The stress from dealing with ordinary life plus coping with injuries as well as doctor visits and recuperation can be overwhelming.  Added to this is the fact that you will likely have to deal with an insurance company adjuster, whose job in part is to pay out as little as possible on a claim, in order to recover the compensation you need to rebuild your life.

In Florida, injury victims are free to deal with an insurance company after an accident without hiring an attorney.  This works for some accident victims.

And as a public service for those victims, we provide online resources to help them negotiate directly with the insurance company handling their accident claim.  We are happy to do so.

For instance, read our post: How Do You Know If Your Settlement Offer From the Insurance Company is Fair? Have You Considered All of The Factors Involved in a Florida Damages Claim?

More Help in Negotiating with a Florida Insurance Adjuster

For those who have been injured and have decided to try and settle their injury claim with an insurance adjuster without a lawyer, then this article should be helpful to you.

Why?  With our many years of experience dealing with clients and Florida insurance companies and their adjusters, we know that things can get frustrating very fast for an accident victim.  Indeed, we know that all too often, the insurance adjuster will try to take advantage of an unrepresented victim in settlement negotiations.

 

A no money handshake

 

So, we are providing this support for those injury victims who want to go at it alone – someone we know that is already having to deal with so much in the aftermath of their accident and doesn’t deserve to be mistreated by the insurance bureaucracy.

Level the Playing Field Between You and The Insurance Adjuster

All too often, those who file claims with Florida insurance companies face adjusters who ignore them.  Phone calls are not returned.  Questions are not answered.  Paperwork is lost. Low ball offers are sent that are insultingly small.

The information below is intended to give insight and assistance to those who are working with an insurance company and are finding it difficult to get anywhere.

Note: our resources are providing general information but cannot and should not be read to substitute for advice of counsel.  We’re not creating an attorney-client relationship.

Our goal is to share what we know about Florida personal injury law and to help injured victims gain an understanding of how Florida’s accident laws work and how a victim can settle their claim with less frustration and delay.

We don’t like it when someone abuses their power and tries to take advantage of someone simply because the victim has less information than the abusing party.

 

Insurance Companies

Insurance companies are in the business of selling policies to business and individuals to cover their losses in the event they cause an accident.  The United States insurance industry is the largest in the world.

The Department of Transportation considers the American insurance industry to be “vital” to our nation’s economy, with revenues each year exceeding $1,000,000,000.00 (One Trillion Dollars).

This means insurance companies are in the business of making money — and they are very, very good at it.

For you, the accident victim, understanding how sophisticated insurance companies are, despite they homey and personal advertising campaigns, is extremely important.

Why? Because your injury claim, as well as all other accident claims, are threats to their bottom line.  The less money that is paid in claims, the more that is kept in the company coffers.

If you are negotiating with the insurance company, then you need to know their viewpoint.  It’s business to them no matter how caring and concerned they appear in any communications with you.  See, Top 10 Reasons Why Insurance Companies Don’t Pay Car Accident Claims.

For more information, read our posts:

10 Ways To Get the Insurance Company To Pay Your Car Accident Claim

Why is it so difficult to get a car accident settlement from a car insurance company?

What type of notice does your insurance company have to give you regarding PIP?

What does automobile liability insurance cover?

What does your insurance company have to do once you tell them you were in a car accident?

What happens if the driver who hit me as I crossed the street does not have automobile insurance?

How can you collect more car accident damages than the insurance policy limits?

How does an insurance company investigate my past medical history?

How long does an insurance company have to respond to a demand letter?

Who is Protected by Your Auto Insurance Policy?

Are You Covered?: Who is The Named Insured on Your Auto Insurance Policy?

Will Your Insurance Rates Go Up if You Pursue an Accident Claim or Receive Compensation For Your Damages?

Should You Have Stacked Uninsured Insurance Coverage in Florida?

What is Uninsured Motorist (UM) Insurance Coverage?

Florida PIP Insurance: Will Florida Abandon PIP Coverage Next Year and What Happened to the 2012 Florida PIP Reform Law?

5 Things You Should Know About Car Insurance Adjusters When You Have A Car Accident Claim

Florida Homeowners’ Policy and Claims Bill of Rights Draft Released by Florida Consumer Advocate: Protecting Against Insurance Adjusters

Injured People Settling Their Own Insurance Claims in Florida – When Should They Call a Florida Lawyer to Help Get Fair Compensation?

Bad Faith – Insurance Adjusters: Suing Your Insurance Company For Failing to Pay Your Insurance Claim (or Not Paying Enough)

 

Insurance Adjusters

Insurance adjusters are also known as “claims adjusters.”  They may be the employees of the insurance company who sold a policy to the person who is responsible for your accident and injuries.  These are “in-house” adjusters or “staff adjusters.”

Sometimes, they are “independent adjusters.”  They are employees of a separate insurance adjuster company.  Independent adjusters are used, as a general rule, when the insurance company does not have a field office in your location or town.

Then there are “public adjusters.”  These are adjusters that work for the policyholder.  They are an employee of the business or company that paid the insurance premiums and is responsible for your accident.

Their job is always the same, whether they are “in house” or independent or public:  to settle the accident’s claim for as little as possible.  See, “Florida Insurance Adjusters Work Hard to Keep Car Accident Claims Payment As Low as Possible – And They Have a Bag of Tricks to Use to Pay You as Little as They Can.”

For more information, read our posts:

5 Things You Should Know About Car Insurance Adjusters When You Have A Car Accident Claim

Florida Homeowners’ Policy and Claims Bill of Rights Draft Released by Florida Consumer Advocate: Protecting Against Insurance Adjusters

Bad Faith – Insurance Adjusters: Suing Your Insurance Company For Failing to Pay Your Insurance Claim (or Not Paying Enough)

The Problem of Phony Public Adjusters in Florida: Fake Public Insurance Adjusters in Florida Commit a Felony, Hurt Unsuspecting Floridians Needing Help After an Accident or Injury

Are Florida Insurance Adjusters On Your Side?: Beware of the Denied Claim, the Low Ball Claim and the Recorded Statement.

Does a Florida Insurance Adjuster Want to Record Your Statement about an Accident or Injury? 10 Things to Know About Recorded Statements by Insurance Adjusters

What does your insurance company have to do once you tell them you were in a car accident?

 

How to Settle Your Case

If you are negotiating your claim with the insurance company, then you will be dealing with their adjuster.

Be ready.  The adjuster is a trained professional, with past experience dealing with countless claims that are similar to your own.  He or she will be well educated in how to investigate the accident itself, too.  Adjusters are expected to keep up with industry continuing education courses in their areas of expertise.

The adjuster will be responsible for investigating your accident as well as documenting his investigation.  He or she will make their own determination of what has happened and report it to their employer.  It will be with their approval that you will receive a settlement offer.

And it will be with this adjuster that you will negotiate that offer and settle your claim (unless you choose to file a lawsuit against the person who caused your injuries).

Settling most accident claims will involve (1) the adjuster asking you for a recorded statement and (2) a release of your medical records as part of the investigation.  He or she will want the name of your doctor (or doctors), too.

A claim number will be assigned to your case.  You’ll get letters that confirm things, like you have been contacted and that you’ve reported a claim to the company.  That’s so the insurance company can document that they are doing things – it’s not to comfort you or help ease your anxiety.

You will have the responsibility of preparing your own “demand” with documentation to support your claim for damages.  You will need to organize documentation that includes medical records, prescription drug receipts, hospital invoices, lost wages evidence, and things like car repair invoices.

This is an ongoing job.  As you incur more medical bills and doctor visits and as you are not able to work, then you will have to keep supplementing your demand documentation.

The adjuster will not respect nor pay for any demand that is not properly supported in your documentation.

How much should you ask for in your demand?  It will depend upon your individual situation.  Should you make a demand while you are still treating your injuries?  Should you have surgery before making a demand? Should you ask for three times your total medical expenses and lost wages?  Five times?  Ten times?  You will have to decide what is reasonable and fair in your case.

For more information, read our posts:

Why is it so difficult to get a car accident settlement from a car insurance company?

Why is it hard to get a settlement in a rear end car accident claim?

What do I need to prove in order to get a Florida slip and fall settlement?

Can Age Affect Settlement Of A Personal Injury Claim?

What happens during a personal injury settlement conference?

Can Settlement Negotiations Be Used Against You in Your Injury Case?

What Can I Expect in Settlement of a Florida Injury Claim?

How Do You Know If Your Settlement Offer From the Insurance Company is Fair? Have You Considered All of The Factors Involved in a Florida Damages Claim?

How Can You Gain Leverage When Settling Your Slip And Fall Claim?

Can I recover for my future damages if I was hurt in a slip and fall?

How to Settle a Walkway or Hallway Slip and Fall Accident

Injured People Settling Their Own Insurance Claims in Florida – When Should They Call a Florida Lawyer to Help Get Fair Compensation?

Why Is It Taking So Long To Settle My Case? Is It Time to Settle Your Car Accident Case (Injury Claim) or to Take Them to Trial?

 

Demand Letters

Your formal written presentation of your accident claim to the insurance company will begin with a “demand letter.”  This is not just a letter you write to the insurance company.  It is a cover letter with details of your claim, together with supporting documentation.

A demand letter is really a package of paperwork.  It may well include photographs of the accident scene and/or your injuries; invoices; receipts; doctor’s reports; X-Rays; and more.  See our post, “5 Documents You Should Include With Your Slip And Fall Demand Letter.”

For more information, read:

What Happens When You Make a “Demand for Damages and Compensation” in a Florida Car Accident Case?

How do I write a demand letter for personal injury without hiring a lawyer?

How long does an insurance company have to respond to a demand letter?

 

How to Prove Your Claim

Your accident claim must be supported by facts and evidence that confirms that what you are demanding is reasonable and fair under the circumstances.  If you are negotiating for yourself, then you have the task of gathering all the proof needed for every part of your insurance claim.  This is a big job.

How so?  First, this will include providing documentation of how and why the accident occurred (liability and fault).  You must show that the insured is liable and responsible for what happened to you.

Second, It will also include giving evidence of past, present, and future costs and expenses (damages).  You have to prove documentation and support for your damages claim – the dollars and cents you are demanding be paid to you.

Damages are defined in Florida law.  What you can collect in an insurance claim may not be all your harm, not every loss is covered here.

Damages that are covered include “compensatory damages.”  These are things you have actual invoices for – doctor’s bills, the EMS charge, etc.  Compensatory damages exist to “compensate” the victim for harm they have experienced.

Some damages may be challenged; whiplash, for instance.  Do not expect the insurance adjuster to want to cover a claim for whiplash without medical support.  Even then, he or she may try and low ball that damage coverage, because adjusters are jaded and suspicious about whiplash claims.

For more information, read our posts:

Walmart Slip And Fall – How to Prove Your Claim In Florida

Grocery Store Slip and Fall – How to Prove Your Claim

Hurt While Food Shopping in Florida?: What are the Evidence Requirements to Prove Your Slip and Fall Injury Claim Against The Grocery Store or Supermarket?

How do you prove your back injuries if you were in a rear end car accident in Florida?

How do you prove permanent injuries from a slip and fall in Florida?

What do I need to prove in order to get a Florida slip and fall settlement?

What happens if I can’t prove how the water got on the floor in my slip and fall case?

How can I prove that the store owner knew about the dangerous conditions that led to my slip and fall accident?

How Do You Know If A Driver Acted Reasonably In Trying To Avoid A Rear End Car Accident?

How Do You Know If a Florida Hotel Acted Reasonably In Trying To Prevent A Bathtub or Shower Slip and Fall?

Is A Loose Object on the Floor A “Dangerous Condition?”

What happens when there is no evidence that the property owner had actual knowledge of a hazardous condition on their property?

Florida Hotel Slip and Falls: What is the Victim’s Evidence Burden When Falling at Hotel and Trying to Recover Compensation?

Is permanent pain considered a permanent injury in Florida?

How to Prove a Slip and Fall Claim at a Shopping Mall or Strip Center

How to Prove a Slip and Fall Claim at a Theme Park Like Disney World

How to Prove Your Accident Claim: Slip and Fall in a Grocery Store

How to Prove a Restaurant Slip and Fall Claim

Proving a Slip and Fall Claim Against a Florida Hotel

When is a Crime Legally Foreseeable For a Florida Premises Liability Claim?

What Type of Proof Do You Need for Your Florida Slip and Fall Claim?

What is the best accident claim advice that I can share?

Proving a Florida Slip and Fall Injury Claim: What Does The Person Hurt in a Fall Have to do to Prove Owner Knew of Danger That Someone Could Slip and Fall and Didn’t Fix It?

 

Recovering Damages

Florida law defines what damages are covered in an accident claim.  There are laws for what harm is covered by the insurance policy.  Accident victims may be surprised to learn that not all harm is covered here.

Both the insurance policy as well as Florida laws passed by the Florida legislature (and defined by Florida courts) will decide what damages can be recovered by a Florida accident victim.

If you are negotiating, then know things like emotional distress or pain and suffering can be challenged by the insurance adjuster in an accident claim.  See, e.g., “What are Permanent Injury Damages and How are they Determined in a Florida Injury Case?

There are also laws for who can collect what kind of damages; for example, if there is a fatal accident then Florida Wrongful Death laws explain who files the claim and which family members are allowed to collect wrongful death damages.

For more information, read our posts:

How do you determine pain and suffering damages for back pain caused by a slip and fall?

What kind of damages can I receive if my parent dies in a car accident?

Do you need a physical injury to recover emotional distress damages?

How can you collect more car accident damages than the insurance policy limits?

Can I recover for my future damages if I was hurt in a slip and fall?

How do I recover emotional distress damages?

What are types of pain and suffering damages you can recover in a Florida slip and fall lawsuit?

Can An Injury Victim Recover Damages If They Don’t Have Surgery?

How To Recover Emotional Distress Damages Without a Physical Injury in Florida

How Do You Recover Emotional Distress Damages in Florida?

Can You Recover Damages For Depression Even If You Delay Treatment?

4 Factors Used To Determine The Amount of Damages Suffered By An Injured Car Accident Victim

What Happens When You Make a “Demand for Damages and Compensation” in a Florida Car Accident Case?

Does Fault Impact Damages in a Florida Car Crash?

What damages can you collect for a concussion in a Florida car accident?

Pain and Suffering Claims Now and In The Future – Do You Have a Case for Pain and Suffering Damages?

How Do You Know If Your Settlement Offer From the Insurance Company is Fair? Have You Considered All of The Factors Involved in a Florida Damages Claim?

Ankle Injuries in a Slip and Fall Accident: What Kind of Damages Can You Recover in a Florida Slip and Fall Claim?

What Kind of Florida Personal Injury Money Award Can You Expect To Receive if You Are Injured? Economic vs Non-Economic Damages

Is permanent pain considered a permanent injury in Florida?

 

Did You Fall Down? All about Premises Liability Claims – Slip and Fall Claims

In past years, there was criminal abuse of the insurance system.  Lots of fake claims were filed in Florida over slip-and-fall accidents.  As a result, the Florida legislature has passed laws to try and stop rampant slip and fall accident fraud.

For many accident victims, who are already dealing with so much as they recover from their injuries,  this can mean a difficult hurdle to jump.  Why?  Because in the effort to make sure that criminals aren’t taking advantage of the system, the law has increased the burden on the legitimate slip and fall victim to prove their case.

The burden of proof placed upon the Florida accident victim is higher now.  It’s also higher than it is in other states, which can surprise victims who are new to Florida.  Under Florida law, the victim must prove the actual knowledge of the business at the time of the accident.  This can be very hard to do – proving with documents and testimony what a business really and truly knew at that moment in time.

Moreover, the duty placed upon the business will differ depending upon what the legal status was for the accident victim at the time of the injury.  Was she an invitee or a licensee or a trespasser?   An invitee gets much more legal protection in a fall than someone who was a licensee or trespasser.  (So expect the adjuster to be trying to find ways to label someone as other than an “invitee.”)

For more information, read our posts:

Does a Hotel Have a Duty to Protect You From Hidden Defects?

Hotel Off-Premises Liability: Hotel Guest Killed Crossing the Highway

Does a Florida Hotel Have Liability When a Hotel Guest Drowns From an Ocean Riptide?

What Happens When Someone Is Injured at a Business or Commercial Location?: Florida Premises Liability Law

What Do You Do If You’re Injured in a Slip and Fall? First Steps to Take in a Fall Injury Claim

What Type Of Legal Duty Does A Florida Property Owner Have For Injuries To Visitors?: Florida Premises Liability’s Invitee, Licensee, Trespasser Distinctions

Hurt at a Florida Theme Park? Did You Slip and Fall at Disney or Another Florida Amusement Park? Florida Premises Liability Law Controls Your Claim

Duty to Protect Yourself at a Hotel, Bar, Theme Park, Concert — Who Has The Responsibility to Protect Customers Against Injuries?

Florida Hotel Liability: If You are Hurt in a Tribal Hotel, Resort, or Casino on Indian Reservation Land Then Florida Injury Laws Will Not Protect You

Have You Been Hurt During the Commission of a Crime in South Florida? Personal Injury Florida Negligent Security Claims Based Upon Criminal Acts

 

Did the Business Owner Act Reasonably?

In Florida, legislation has been passed which places a bigger burden on the accident victim to get their damages covered in an accident.  Premises liability claims particularly must have evidence presented by the person who was hurt that the business owner failed to act in a reasonable manner at the time of the accident.

It’s not the burden of the business to do so – it’s yours, as you settle the claim with the adjuster.  Your settlement demand letter must include documentation to support your argument that the business was not acting reasonably at the time you were hurt.

How do you do this?  We’ve delved into all sorts of scenarios, discussing areas where a business may fail to act reasonably in an accident and be liable for their harm.  Wet floors in a restroom, weakened railings on a stairwell, even failing brake lights can all be evidence of unreasonable business practices under Florida law.

For more information, read our posts:

How Do You Know If A Business or Property Owner Acted Reasonably In Trying To Prevent A Stairway Slip and Fall Accident?

How Do You Know If A Driver Acted Reasonably In Trying To Avoid A Rear End Car Accident?

How Do You Know If A Business Acted Reasonably In Trying To Prevent a Parking Lot Slip and Fall Accident?

How Do You Know If A Driver Acted Reasonably In Trying To Prevent a Loss of Control Car Accident?

How Do You Know If A Business Acted Reasonably In Trying To Prevent a Restroom Slip and Fall Accident?

Stage or Elevation Slip and Falls in Florida

Why is it so difficult to get a car accident settlement from a car insurance company?

Backing Car Accidents in Florida

How to Settle a Walkway or Hallway Slip and Fall Accident

30 Questions to Ask After an Entryway Slip and Fall

How Do You Know If A Driver Acted Reasonably In Trying To Prevent a Pedestrian Accident?

How Do You Know If A Business Acted Reasonably In Trying To Prevent an Office Slip and Fall Accident?

 

Hurt in an Auto Accident? All about Car Accident Claims

Car crashes and motor vehicle accident claims are perhaps the most common type of claim that an insurance adjuster deals with here in Florida.  If you are settling your accident claim, then we hope that this car crash is the only time that you will ever be involved in an auto accident and suffer injuries.

However, while this may be your own time to deal with the aftermath of an auto accident, remember that the insurance adjuster is a professional expert in these things.  He or she will have made assumptions about your accident long before you start to negotiations.  The adjuster will compare your claim with the thousands he or she has seen before, and use that information to try and keep from paying you anything over his past averages regardless of how unique your situation may be.

It will be your job in negotiation to make sure that the adjuster understands and respects why your claim is unique and not something for a cookie-cutter approach.  For instance, not all rear end accidents are alike, although there is the presumption that the rear car driver is responsible for the crash.

Another example:  distracted driving.  It is very hard to prove that the driver who caused the accident was distracted at the time of the crash.  The adjuster may not be interested in doing the leg work to find out if the driver was in fact on their phone or eating a cheeseburger when the crash occurred.  It will be your job to document these facts as part of your demand and settlement negotiation.

For more information, read our posts:

5 Things You Should Know About Car Insurance Adjusters When You Have A Car Accident Claim

10 Ways To Get the Insurance Company To Pay Your Car Accident Claim

Top 10 Reasons Why Insurance Companies Don’t Pay Car Accident Claims

Why is it so difficult to get a car accident settlement from a car insurance company?

When aren’t you able to recover lost wages in a car accident or slip and fall case?

What kind of damages can I receive if my parent dies in a car accident?

How do you prove your back injuries if you were in a rear end car accident in Florida?

How Do You Know If A Driver Acted Reasonably In Trying To Prevent a Loss of Control Car Accident?

What does your insurance company have to do once you tell them you were in a car accident?

How Do You Know If A Driver Acted Reasonably In Trying To Avoid A Rear End Car Accident?

How does talking on a cellphone or texting while driving affect a car accident claim?

What happens when the person who caused my car accident dies?

How can you collect more car accident damages than the insurance policy limits?

What are the risks of taking a car accident claim to trial in Florida?

Car Accidents With Company Cars or Commercial Vehicles: What is Respondeat Superior?

How Much Money Can You Expect From Your Florida Car Crash Claim? Try Our Car Accident Compensation Form

Not Wearing A Seat Belt and Hurt in a Florida Car Accident: Can You Receive Compensation?

Car Accidents: Driver’s Duty to Passengers

12 Common Car Accident Lawsuits in Florida

The 5 Most Popular Car Accident Lawsuits That Go to Trial in Florida

What is Reckless Driving Under Florida Law? Were You Injured in a Car Accident Caused By a Reckless Driver?

What damages can you collect for a concussion in a Florida car accident?

Who Pays Damages and Compensation in a Florida Car Accident Involving Drunk Driving?

Why Is It Taking So Long To Settle My Case? Is It Time to Settle Your Car Accident Case (Injury Claim) or to Take Them to Trial?

Can Your Florida Insurance Company Demand Examination Under Oath for PIP Benefits After a Florida Car Crash? Yes and No for Florida Auto Accident Claims, Here’s Why.

How Do You Know If A Driver Acted Reasonably In Trying To Prevent a Pedestrian Accident?

 

Help With Accident Claims

An experienced Florida personal injury lawyer deals with insurance adjusters all of the time; they know how they operate.  They know how adjusters respond to claims and know which adjusters are more prone to deal fairly, while others tend toward gamesmanship.  Notwithstanding these facts, this article was written to help fight against abusive adjusters and to help level the playing field for those who want to settle their case without a lawyer.

If you or a loved one has been injured in an accident in Florida and you have questions about dealing with an insurance adjuster, a good piece of advice is to speak with an experienced Florida personal injury lawyer to learn about some of the issues that can arise, including how most insurance companies respond to these claims and the type and amount of damages you can recover. Most personal injury lawyers, like Alan Sackrin, will offer a free initial consultation (over the phone or in person, whichever you prefer) to answer your questions.

Also see:

Car Accident Compensation Form

How To Settle A Personal Injury Claim Without a Lawyer

 

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

If you found this information helpful, please share this article and bookmark it for your future reference.

Can you collect damages in a car accident if you have no permanent injury?

Posted By on November 22, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: Can you collect damages in a car accident if you have no permanent injury?

A: In most Florida automobile accident cases, in Florida, in order to recover for what’s called non-economic damages, which are your pain and suffering and inconvenience and your disability and inability to lead a normal life, in order to recover those types of damages, in most cases the injured person must prove that he or she sustained a permanent injury within a reasonable degree of medical probability. That is an opinion which his or her doctor will give. Many times the doctor will say there’s a permanent injury, but the insurance company’s doctor will say there’s not a permanent injury. Therefore, the jury will decide but if the jury decides that there is no permanent injury, you cannot recover monetary damages for your pain and suffering in Florida automobile cases only. You still can recover money for unpaid medical expenses and unpaid lost wages, but those usually aren’t sufficient enough to warrant the filing of a lawsuit.

Related:

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

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Florida Car Accident Compensation Law

Posted By on November 17, 2016

Living in Florida, it is important to be aware of how no fault insurance works and the injury requirements for recovering compensation for a car accident.  Unfortunately, these requirements make Florida’s car accident compensation law different than most other states when it comes to victims being able to recover damages for their injuries.

Are All Injuries Recoverable in a Florida Car Accident?

In Florida, drivers should know that just because they are hurt in a car accident does not automatically mean they will be able to recover compensation for their injuries.  Why?

The simple answer is that the Florida legislature decided that car accident injuries should NOT be recoverable unless they are significant – a term specifically used in the law.

This requirement is important to know especially for those who are trying to settle a claim with an insurance adjuster without the use of a personal injury lawyer.

See – How Do You Know If Your Settlement Offer From the Insurance Company is Fair?

 

 

Florida Car Accident Compensation Law:  Florida Statute 627.737

Several years ago, the Florida Legislature passed Florida Statute 627.737 for the purpose, in part, of reducing lawsuits and lowering insurance costs.  Not only has the initial statute been amended since then, but court cases have expanded its application and interpreted its meaning.  It is important to read the statute as well as the case law to know exactly how the law works, including the requirements that must be met before a victim may recover damages for things like the loss of an important bodily function.

Florida Statute 627.737 deals with insurance policies (called contracts under the statute) and car accidents and other motor vehicle accidents that happen in the State of Florida.  It basically sets forth the requirements that must be met before an insurance company is required to pay or compensate a victim for their non-economic damages.

Are There Exceptions to Florida Statute 627.737’s Requirements?

There are some exceptions to the requirements of the statute.  For instance, some plaintiffs are exempt from having to prove permanent injury in order to recover compensation under the law (for example, someone who has been injured while driving in a taxi cab or public mass transit vehicle (bus) is not subject to the permanent injury threshold).

However, for the most part Florida’s car accident compensation law will control your  claim when the party causing the accident has an insurance contract in place.

What Are The Threshold Requirements?

The Florida Supreme Court has held that (1) pain and suffering along with (2) mental anguish and (3) inconvenience are damages that can be recovered by a car accident victim.  These are called “non-economic damages.”

However, the accident victim must prove that their damages are the result of an injury that has been deemed by their doctors “with a reasonable degree of medical probability” to be a permanent injury.  Wald v. Grainger, 64 So.3d 1201 (2011).

Sometimes that’s not easy to determine.  In fact, if the case isn’t resolved by a negotiated settlement, that question is usually answered by a jury.

For instance, in a case where a car accident victim had to have temporomandibular joint (TMJ) surgery on their jaw, experts debated if this was a permanent injury “with a reasonable degree of medical probability.”  Because the medical professionals couldn’t form an unanimous opinion, the answer was left to the jury to decide.  Emanuele v. Perdue, App. 4 Dist., 693 So.2d 1071 (1997).

Permanent Disfigurement and Scars

What about scars or disfigurements as the result of an auto accident?  These damages may or may not be covered under Florida’s car accident compensation law.

Here, the jury will be asked to decide if the scar or “disfigurement” is a permanent injury.  If the case is not settled before trial, then the jurors will observe the scars and disfigurements for themselves, and decide if they are permanent injuries.  If so, then they will be covered as compensable damages.  Cohen v. Pollack, 674 So.2d 805 (1996) .

Property Damage

Most accidents involve claims not only for personal injuries but also damage to property.  In serious car crashes, the vehicles are often totaled.  What happens to claims for damage to your vehicle and its contents under Florida law?

The law does not apply to property damage.  It applies solely to claims for bodily harm and personal injury.  See, Goldkamp v. Rose, 386 So.2d 1257 (1980). 

In other words, accident victims have the right to have all their property damages covered by those whose negligence caused the crash. There is no “threshold requirement” placed on property claims in a Florida car crash.  Faulkner v. Allstate Ins. Co., 367 So.2d 214 (1979).

Evidence of Permanent Injury

How do you prove a “permanent injury” so your non-economic damages (pain and suffering; mental anguish; inconvenience) are covered?

Florida’s car accident compensation law requires evidence of (1) objective medical findings or (2) subjective complaints supported by expert medical testimony.  Mattek v. White, 695 So. 2d 942 (Fla. Dist. Ct. App. 1997).

Some cases are easier than others to demonstrate permanent injury.  Sometimes, you need to hear an expert’s opinion or the the doctor’s belief that the injury is permanent because the injury itself isn’t obviously permanent.  For instance, the loss of a limb is obviously a permanent injury.  The loss of feeling in a limb may be permanent but is not so obvious to an observer (like the jury).

Watch: What is the legal definition of a permanent injury in Florida?

Evidence of Serious Non-permanent Injuries

Accident victims often suffer horribly from things like migraines and involuntary muscle spasms or shakes.  These are things that can be life-altering and debilitating, but are they covered?  After all, they may not be permanent injuries.  So, can a victim suffering from a serious but non-permanent injury recover compensation under Florida’s car accident law?

To prevail with one of these claims, a victim must provide specific evidence supporting their claim.

  1. Headaches and Muscle Spasms

For instance, in one Florida case an accident victim testified to experiencing pain and soreness, headaches, and discomfort not only during the first three months after the accident happened but long afterwards. In fact, some 3 and ½ years later, the victim still had to deal with them.

As a result, the accident victim’s life was compromised.  There were certain things that weren’t an option in activity and lifestyle because of these headaches and spasms.

Result?  The court held that the victim’s testimony was sufficient evidence to prove her right to seek damages under Florida Car Accident Compensation Law.   Mighty Nat’l Exterminators, Inc. v. Powers, 434 So.2d 361 (Fla. Dist. Ct. App. 1983)

  1. Leg Pain

In another Florida automobile accident case, doctors took the stand and testified that the accident victim felt serious leg pain if he lifted his leg above a certain level.  This continued to occur almost three months after the crash.

The doctors’ opinion was that the leg pain was not due to injury to his leg, but to his spine.  The pain was from back strain suffered in the accident.

Was it covered?  Yes.  The court held that the medical opinion was sufficient evidence to prove a serious, non-permanent injury with a material degree of bearing on his ability to resume his normal activity and lifestyle. Snowden v. Sprouse, 375 So. 2d 901 (Fla. Dist. Ct. App. 1979).

Watch: Is permanent pain considered a permanent injury in Florida?

Admissibility of Evidence

Obviously, the key to overcoming the hurdle of Florida’s car accident compensation law is to gather admissible evidence to demonstrate the right to be compensated.  Not all evidence will work here.

For instance, a medical opinion may need to be provided by a treating physician.  That’s because the doctor who actually sees the patient during the course of his or her treatment and recovery will know much more than a physician who reviews paper records and looks at X-Rays.

Even doctors themselves will acknowledge the superior knowledge of a treating physician on what is, and is not, a permanent injury.  Powell v. Napolitano, 578 So. 2d 747 (Fla. Dist. Ct. App. 1991).

What about licensed chiropractors?  Their opinions are respected in Florida courts on whether or not an accident victim has suffered permanent injuries.  See, Horowitz v. American Motorist Ins. Co., 343 So. 2d 1305 (Fla. Dist. Ct. App. 1977).

Damages

The key issue under Florida’s car accident compensation law is what damages will be covered after an auto accident in Florida.  Our state law limits coverage of non-economic damages.

For details on the different kinds of damages in an accident claim, read our posts:

Our No-Fault Law excludes all tort damages to the extent that personal injury protection (PIP) benefits are payable in the first instance, then allows non-economic damages only if the permanency threshold is met.  Smiley v. Nelson, 805 So. 2d 870 (Fla. Dist. Ct. App. 2001).

To get covered for non-economic damages, the accident victim must meet certain criteria under the law. Things like past or future disability, physical impairment, or loss of capacity for the enjoyment of life, are not available until the accident victim proves they should be covered under the language of the law. Smiley v. Nelson, 805 So. 2d 870 (Fla. Dist. Ct. App. 2001).

There are other considerations here as well.  For instance, the percentage of the motorist’s comparable negligence will be subtracted from the total economic damages found by the jury.  This is done before subtracting personal injury protection (PIP) benefits. Assi v. Florida. Auto Auction Of Orlando, 717 So. 2d 588 (Fla. Dist. Ct. App. 1998). 

Additionally, future medical expenses and lost earnings can be recovered even if the accident victim did not suffer permanent injury.  Smey v. Williams, 608 So. 2d 886 (Fla. Dist. Ct. App. 1992).

Punitive Damages

In Florida, juries are allowed to, but rarely do, assess damages over and above what the accident victim has proven in evidence, or even what the accident victim has suffered regardless of proof.

These damages are called “punitive damages.”  They are allowed as “punishment” in some kinds of car accident cases.

Here, a jury simply determines an amount to award as punishment for the wrongdoer’s behavior.

The goal and hope of punitive damages is not only to punish particularly loathsome conduct of that defendant, but to provide an example to others.  It is done in the public interest.

Punitive damages are allowed under Florida’s car accident compensation law but they are rarely awarded.  A victim would have to show the wrongdoer was wanton or willfully negligent, reckless or acted intentionally or with utter disregard of the consequences.  For example, traveling at an excessive rate of speed, driving while intoxicated or driving impaired (maybe, while texting and driving).  And, most insurance company will probably not cover the wrongdoer for punitive damages. Meaning, the victim will likely have to collect any punitive damage award directly from the wrongdoer and not from their insurance company.

Further, punitive damages can be awarded in Florida even though we are a “No Fault” state.  And, punitive damages are available in a car accident case even if the accident victim fails to provide sufficient evidence to overcome the “threshold requirement” for his non-economic losses.  Nales v. State Farm Mut. Auto. Ins. Co., 398 So. 2d 455 (Fla. Dist. Ct. App. 1981).

What Should You Do?

Knowing the complexities of Florida’s car accident compensation law and how it can apply in a particular circumstance can be invaluable to a victim who is already having to deal with so many difficulties.

If you or a loved one has been injured in a car accident in Florida or would like to learn more about the car accident compensation law, a good piece of advice is to speak with an experienced Florida personal injury lawyer to learn about some of the issues that can arise with these claims, including how most insurance companies respond to these claims and the type and amount of damages you can recover. Most personal injury lawyers, like Alan Sackrin, will offer a free initial consultation (over the phone or in person, whichever you prefer) to answer your questions.

Related:

What does your insurance company have to do once you tell them you were in a car accident?

How Much Money Can You Expect From Your Florida Car Crash Claim? Try Our Car Accident Compensation Form.

_______________

Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
 
 
 
 
If you found this information helpful, please share this article and bookmark it for your future reference.

How does waiting to see a doctor impact your Florida car accident claim?

Posted By on November 15, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: How does waiting to see a doctor impact your Florida car accident claim?

A: Waiting to see a doctor in a Florida car accident claim can have some effect on the amount of a settlement in a case. It’s best if you feel pain or discomfort at the scene of an accident to go to the emergency room so your complaints can be lodged at least on a medical record. However, many people feel pain at the scene of an incident or don’t feel pain for a couple of days and decide to give it a chance to see if the condition will disappear in a few. That’s understandable. Many times an insurance company will use that against you and say well if the injury wasn’t so bad at the beginning, or in fact if the person didn’t feel any pain at the beginning, well yes perhaps a few days later a sprain or a strain arose but that it couldn’t possibly be a lifelong, permanent condition. That’s why waiting to see a doctor sometimes will affect an insurance company’s view of how significant the injury you sustained is.

Related:

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

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What are examples of loss of enjoyment of life that you can recover damages for in a personal injury lawsuit?

Posted By on November 8, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: What are examples of loss of enjoyment of life that you can recover damages for in a personal injury lawsuit?

A: Examples of loss of enjoyment of life resulting from an injury that you’ve sustained in an accident, there are too many to list. What we see in most court cases is that an injury has caused the person to completely eliminate certain activities that they enjoyed doing before the accident, or partly eliminated the capability to do those activities, or eliminated the ability to do those activities as well. Someone sustains a serious injury, let’s say a knee injury and loved playing tennis and other sports and because of the injury either no longer plays tennis or plays tennis at a much lower level, that’s loss of enjoyment of life.

    We’re all here probably only once in this world and we all enjoy certain activities. It’s how a particular injury has affected your ability to do those things that you enjoyed, whether it’s cooking, whether it’s playing any type of game that you can no longer play or do as well, whether it’s yard work. Many times people come in and say, “because of my back or knee condition I can’t work in my yard as well as I did beforehand, or as much as I did beforehand.” The jury assesses the value of that and has to put a monetary value of that. Those are some of the examples of loss of capacity for the enjoyment of life.

Related:

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

If you found this information helpful, please share this article and bookmark it for your future reference.