Personal injury lawsuit in Florida? Distracted Driving: While less pernicious than impaired driving, distracted driving is still very dangerous. Unlike impaired driving, where a specific substance can be identified, distracted driving encompasses any activity that takes the driver’s attention off of the road. Obvious examples include texting while driving or calling while driving without using a hands-free device. Less obvious examples of distracted driving include changing the radio station, inputting an address into a navigation system, eating or drinking while driving, or putting on makeup while behind the wheel. For victims of car accidents that have been caused by distracted drivers, there may be a legal recourse in the Florida courts for their damages.
During negotiations, mention any emotional points supporting your claim. If, for example, you have sent the adjuster a particularly strong photo of a smashed car or a severe-looking injury, refer to it. If there was a bottle of beer found in the other party’s car, refer again to the possibility of alcohol use. If similar accidents had occurred in a similar way at that location, remind the adjuster. If your injury interfered with your ability to care for your child, mention that your child suffered as a result. Even though there is no way to put a dollar value on these factors, they can be very powerful in getting an insurance company to settle an accident claim.
Insurance companies do not pay money willingly. The insurance company can be expected to thoroughly investigate the facts of your accident and use any prior history of related medical conditions to diminish the value of your claim. Insurance companies may hire a private investigator to film your physical activities in public. In substantial injury claims, insurance companies may even try to set you up by having their investigators trick you into engaging in physical activities such as carrying a heavy package, bending to pick up bulky objects or changing a flat tire.
Once the claims process gets underway, you will likely receive a call from the at-fault party’s insurance company. They will ask you to make a recorded statement. They may even tell you that this is a normal part of the process or that it’s necessary to process your claim. You are NOT obligated to provide any statement. In fact, the insurance company can (and will) use anything you say as a reason to minimize your personal injury claim value or deny your claim outright.
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. Find extra information on Bengal Law: Florida Accident Lawyers & Personal Injury Attorneys PLLC.
Doing the work to build your case methodically can maximize your damages even if your case never goes to trial. This case preparation includes serving discovery demands to the other side and having your attorney conduct depositions or request records. You may need to be seen by various medical professionals, and your attorney might work with other expert witnesses to build the strength of your case. Having a strong case prepared for trial can pressure the responsible party to offer you a fair settlement. If the other side senses that you’re not doing the work to build your case, they’ll be more likely to low ball your settlement offer. If they know you’re ready to go to trial and win, they’ll be more inclined to pay you an adequate amount.