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Fenster & Cohen, PA / May 23, 2018

How Personal Injury Lawyers Help You Get More Than What You Could With Just A Settlement

Collecting whole compensation for personal injuries following an accident of any kind can be a challenging and frustrating experience for any injured victim. It does not matter whether the claim is a premises liability issue, an auto accident claim, or a truck accident scenario. Even a simple case can be complicated and strongly defended because any amount of fault assigned to the plaintiff by the court could result in a significantly lower claim settlement value. Even in auto accident cases where the insurance company is the injured party’s own insurer, a claimant is a claimant to the insurance company, especially if they set a policy of cancellation following any claim. Premises liability and serious truck accidents are handled differently in the court system, although claimants are still assessed a percentage of personal assumption of risk or comparative negligence that can be used as a defense against the level of liability. Personal injury lawyers understand well that insurance claims adjusters are focused on numbers and not obligated to provide any additional information, and a solid legal counsel with an aggressive approach to collection of whole damages always results in a better financial settlement.

Auto Accident Claims

Many accident victims who are not seriously injured will commonly attempt handling their own insurance claim following the fact. Insurance companies are always keen to when this may be happening and regularly evaluate the case quickly with a quick settlement offer as well. Any quick offer will assuredly be well below the actual value of the claim. This even occurs in no-fault states like Florida when settling auto accidents. Insurance company claims adjusters are primarily focused on reducing payouts as much as possible and ending the claim quickly in the process, even when filing with your personal insurance company first as Florida law requires. Their obligation is to the company first, and having an experienced and aggressive personal injury attorney means you will have a solid legal team of professional negotiators as well handling your claim. Effective personal injury attorneys are always focused on a maximized if not whole damage award, including pursuing additional damages when applicable. It is important to note that in Florida the court system must qualify an accident injury before an injured party may pursue other litigants for additional damages in a “catastrophic” injury claim as set forth by state law.

Truck Accident Claims

While no-fault insurance rules do apply even when being involved in a truck accident, injuries resulting from truck accidents are almost always very serious if not fatal. These are no doubt the most valuable highway accident cases in Florida, and many times the truck driver is found in violation of the law in some aspect, including driving at excessive speeds or over the limit for operational hours. The catastrophic injury stipulation for court approval to proceed with a negligence claim is granted regularly in truck accident cases, and an experienced and comprehensive truck accident attorney can conduct a separate investigation into what actually transpired. It is important to understand that the shipping company or any other commercial entity that had rolling stock in a multiple vehicle crash can also be evaluated for negligence in complicated cases, so the potential for whole and even punitive damages is often available following a truck accident injury. And, it is always vital to have an aggressive attorney in a serious truck accident claim because they are defended vigorously in all cases.

Premises Liability Claims

Premises liability claims in Florida are processed somewhat differently from auto accidents. Fault matters in a premises liability claim, but the facts regarding public or private property can make a major difference. Claims against commercial entities can involve both the business and the property owner when a space is leased and the disrepair of the structure contributes to causing the accident producing the injury. These types of agreements are difficult for a novice injured party, but a thorough personal injury attorney can petition all necessary information through court proceedings while defending the injured plaintiff regarding an assured claim from the respondent that the plaintiff contributed to their own injury. This is common with premises liability claims, regardless of private or public property, and the attorney is often the difference in whether the injured claimant receives a fair settlement or no compensation at all.

All studies show that injured victims get considerably more general damages compensation when they are represented by a personal injury attorney. Attorneys can inspect the entire record for as many potential negligent actors as possible and pursue all parties for whole damages, where a novice injured victim cannot. Always get a lawyer, and remember that the lawyer you choose makes a difference.

Call us today 954-473-1500

Filed Under: Blog Tagged With: damages from liability case, florida liability lawyer, ft lauderdale attorney, liability lawyer

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111 N. Pine Island Rd
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Plantation, FL 33324

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