FREE CASE EVALUATION:

No Fee If No Recovery

The Biggest Challenge in Florida Personal Injury Compensation.

Introduction

As an experienced attorney in Florida specializing in personal injury cases, I have seen firsthand the hurdles and complexities involved in securing fair compensation for my clients.

Personal injury law is designed to protect individuals who have suffered harm due to someone else’s negligence, but the path to compensation is often fraught with obstacles.

According to the Florida Bar Journal, recent changes in legislation have added layers of complexity that can be difficult for victims to understand without professional legal assistance.

The biggest challenge in Florida personal injury compensation is navigating the tactics used by insurance companies to minimize or deny claims.

In this article, we will explore the strategies employed by insurance companies, backed by research and personal experiences, to provide a comprehensive understanding of this challenge.

Understanding the Role of Insurance Companies

Insurance companies are for-profit entities, and their primary goal is to minimize payouts to maximize profits.

This often puts them at odds with personal injury claimants seeking fair compensation for their injuries.

In the book “Why Insurance Companies Won’t Pay for Your Personal Injury Claim” by J.D. Greer, it is highlighted that insurers employ various tactics to avoid paying out claims, ranging from outright denials to offering settlements far below the actual value of the claim.

Common Tactics Used by Insurance Companies

Delaying Tactics

One of the most common strategies used by insurance companies is to delay the claims process.

They may request unnecessary documentation, repeatedly ask for the same information, or take an excessive amount of time to review the claim.

This can frustrate claimants and create financial pressure, compelling them to accept a lower settlement offer.


Disputing Liability

Insurance companies often dispute liability to avoid paying claims.

They may argue that their policyholder was not at fault or that the claimant was partially responsible for the accident.

This tactic can significantly reduce the settlement amount or result in a complete denial of the claim.

I once represented a pedestrian who was hit by a distracted driver.

The insurance company tried to argue that my client was jaywalking and therefore partially at fault.

By gathering extensive evidence, including traffic camera footage and witness statements, we were able to prove that the driver was entirely responsible.

Despite the insurer’s attempts to reduce liability, we secured a favorable settlement for my client.


Minimizing Injuries

Insurers frequently downplay the severity of injuries.

They may argue that the injuries are pre-existing, not as severe as claimed, or that the medical treatment received was unnecessary.

This tactic can be particularly challenging for claimants who suffer from chronic pain or long-term disabilities that are not easily quantified.

Insurers do this because they know severity of an injury can severely impact the amount of compensation you receive.

Let an experienced attorney fight for your compensation.

 average settlements in Florida for personal injury cases based on injury severity


Offering Lowball Settlements

A young client of mine was injured in a slip-and-fall accident at a grocery store.

The insurance company offered her a settlement that barely covered her medical bills, let alone her pain and suffering or lost wages.

By negotiating aggressively and preparing for trial, we were able to increase the settlement offer substantially, ensuring that she received fair compensation for her injuries.

personal injury case paid

Legal Strategies to Overcome Insurance Company Tactics

Hiring an Experienced Attorney

The American Bar Association (ABA), emphasize the importance of legal representation in personal injury cases to ensure fair compensation.

One of the most effective ways to counteract insurance company tactics is to hire an experienced personal injury attorney.

An attorney can navigate the legal complexities, gather necessary evidence, and negotiate with insurers to secure a fair settlement.

Having legal representation also signals to the insurance company that the claimant is serious about their case, which can lead to more favorable outcomes.

Templer & Hirsch Lawyers
Templer & Hirsch, Personal Injury Lawyers

Thorough Documentation

Documenting everything related to the injury and the claims process is crucial.

This includes medical records, accident reports, witness statements, and correspondence with the insurance company.

Thorough documentation can provide the evidence needed to counteract disputes over liability or the severity of injuries.

Medical Expert Testimony

In cases where the severity of injuries is in question, medical expert testimony can be invaluable.

Medical experts can provide objective assessments of the injuries, treatment, and long-term prognosis, helping to substantiate the claim.

Medical Expert Testimony

Litigation as a Last Resort

While most personal injury cases are settled out of court, being prepared to litigate can pressure the insurance company to offer a fair settlement.

Taking a case to trial can be time-consuming and costly for insurers, so the threat of litigation can be a powerful negotiating tool.

The Importance of Patience and Persistence

Navigating a personal injury claim in Florida requires patience and persistence.

Insurance companies are adept at using delay and denial tactics to wear down claimants.

However, with the right legal strategy and support, it is possible to overcome these challenges and secure the compensation deserved.

Over the years, I have witnessed the frustration and hardship that clients endure while fighting for fair compensation.

It is deeply rewarding to see justice served and to help individuals rebuild their lives after an injury.

The key to success in these cases is to remain steadfast, be thorough in documentation, and not be intimidated by the insurance company’s tactics.

personal injury patience

Conclusion

The biggest challenge in Florida personal injury compensation is dealing with the tactics employed by insurance companies to minimize or deny claims.

From delaying tactics and disputing liability to minimizing injuries and offering lowball settlements, insurers have a myriad of strategies to protect their profits.

However, by hiring an experienced attorney, like Templer & Hirsch, thoroughly documenting the case, utilizing medical expert testimony, and being prepared for litigation, claimants can overcome these obstacles and secure the compensation they deserve.

If you or someone you know is facing a personal injury claim, it is essential to seek professional legal help to navigate the complexities of the process and to stand up to the insurance companies.

With persistence and the right support, justice can prevail.

Defense Base Act - Who pays Attorney Fees And what will they be

 


References

  • Florida Bar Journal. (2024)
  • Florida Statutes – Personal Injury. (2023C)
  • American Bar Association (ABA) Personal Injury Law.

No Fee If No Recovery

RECENT CASE RESULTS

Amount Recovered: $1,250,000.00

Bicyclist struck by car; death

Elderly/retired pedestrian was struck from behind while riding his bike. The pedestrian was injured and came to Templer & Hirsch so we can fight for them in their case. The end result was a huge sum of cash for our client of over a million dollars.

Amount Recovered: $115,000.00

Rear End Auto Crash

Client was rear-ended while stopped in rush hour traffic, injuring his neck and knee. Our client didn’t need surgery and we were still able to get them over one hundred thousand dollars!

Amount Recovered: $750,000.00

Longshore

Dock worker injured at a port in Miami. We were able to settle the longshoreman’s case for around $750,000 which was way more than the longshoreman expected.

Amount Recovered: $6,000,000.000

Pedestrian struck; broken leg with surgery

School teacher attempting to board a City trolley was knocked to the ground, where her leg was run over. She underwent several surgeries in attempts to reduce and repair the fractures.

TESTIMONIALS

Don’t Pay for Legal Advice

FREE CASE EVALUATION