Last update: 01/13/16
Here in Florida, attorneys choose different fields of law, or “practice areas” in which to work. No one lawyer represents people in every kind of law on the books: there are tax lawyers; probate lawyers; securities lawyers; and in our firm, I’m proud to be a personal injury lawyer. The practice of “Florida personal injury law” is an area of law where the attorney works to help injury victims get justice (through compensation for things like lost wages, pain and suffering, medical expenses etc…) for the harm they’ve experienced due to the negligence of a third party.
Personal Injury Lawyers Helping Car Accident Victims
Personal injury lawyers help people with slip and falls at grocery stores, job injuries, and, of course, car accidents. These lawyers are commonly known as “plaintiff’s lawyers” and they usually work on a contingent fee basis – which means the lawyer does not get paid unless he or she is successful in obtaining financial help for the victim in the way of an agreed settlement or a trial award.
In Florida, a reason that most personal injury lawyers represent car accident victims is because auto accidents happen so often here; most of us drive (rather than taking a cab or riding the train or subway) which is partly due to our weather allowing us to be on the roads almost every day of the year.
Settling Car Accident Cases Without Filing A Lawsuit
Car crashes happen in the blink of an eye but their long-term impact can change someone’s life for weeks, months, even years or for the rest of their life. In our practice, a number of car accident cases settle without filing a lawsuit due, in part, to knowing how the courts rule on certain issues and sharing this information with the insurance adjuster (and also being able to make the case that the insured was at fault).
(During settlement negotiations, adjusters input the facts of a case into their claims software ( see “Colossus and Xactimate: Did You Know That Big Insurance Companies Use Software Programs To Decide How Much Your Injury Claim Is Worth?”) which then spits out a settlement offer which it believes is fair. From there, the two sides try to come together and agree on an amount to settle the case. If not, we often have no choice but to file a lawsuit and let a jury decide on what is fair.)
Rear-End Collisions Often Go Before a Jury
Unfortunately for some clients, their car accident case has to go to trial for a resolution, which can take a while to conclude. One of the most common auto accident situations where we have to take the fight to a jury for justice involves a rear-end collision.
Insurance companies and their lawyers are notorious for refusing to respect the validity of these claims. If they won’t settle, or if they want to pay a tiny amount (”nuisance value”), then we are left with no choice but to put the facts before a jury and let the jurors decide what’s right.
Why is a Rear-End Collision Disrespected?
A “rear end collision” usually involves one vehicle crashing into the rear-end of the vehicle immediately in front of it. The cars may be stopped at an intersection or a light, or they may be moving in traffic. Whenever the wreck involves a domino-effect of one car’s front slamming into the trunk (or truck bed, etc.) of another vehicle, then it’s considered a “rear end collision.”
Even though a victim of this kind of car accident may have suffered head, spine, or neck injury, these claims are normally disrespected not because the adjuster is disputing the fact that the accident happened (sometimes they do), but because they don’t agree with the nature and the extent of the victim’s injuries. (See our earlier post – Rear-end Collisions in Florida)
Fighting for Injury Victims in Rear End Collisions
Often times, it is necessary to have a car accident lawyer (one who is also a trial lawyer) with knowledge in how insurance companies deal with auto accident claims to get you what you deserve for your injuries. Working together, you can show how the insured driver was at fault in the accident allowing you to obtain justice by convincing the insurance company to fairly settle your claim.
What Should You Do?
A good piece of advice if you have been harmed in an accident, is to at least speak with an experienced personal injury lawyer before you file a claim to learn about some of the issues that can arise with these claims, including the type of evidence needed to prove a claim 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) to answer your questions.
Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
Thanks for sharing this information. We can’t ever plan for car accidents but it is important we take the appropriate steps after a crash happens. Thanks for sharing!