Personal injuries from accidents occur all over the state of Florida daily. Our firm’s personal injury attorneys represent people who were hurt because of someone else’s carelessness that occurred locally in South Florida. David Shiner and the firm’s accident injury lawyers represent people in Florida for the accident and injury insurance claims.
In the event of an accident, hiring an experienced attorney who can thoroughly handle the details of your case can be a daunting and stressful process.
Some personal injury victims may feel that their injuries do not warrant legal representation, or that resolving the incident with the insurance company directly may be the best and most expeditious approach.
Unfortunately, insurance companies are more concerned with financial gain and will not prioritize your legal and financial interests.
Statistically, personal injury victims who negotiate with insurance companies for financial compensation in the absence of legal representation receive lower settlement offers than what the case is actually worth.
Indeed, there are many legal complexities associated with each personal injury claim; however, an experienced attorney can help advise you of your legal rights and responsibilities so you receive the financial support you need to recover from your injuries.
Identifying Common Insurance Tactics
When negotiating with an at-fault party’s insurance company, it is important to recognize the traps and pitfalls that may ultimately weaken your claim’s financial recovery potential.
Additionally, understanding the insurance industry’s standards and practices, as well as its tactics, can help you secure financial relief for past and future losses.
David I. Shiner and the award-winning attorneys at the Shiner Law Group identify several tactics employed by insurance companies and their adjusters to minimize, stall, or deny your claim.
Denying Financial Liability: When a personal injury victim brings legal action against an at-fault party to pursue pecuniary compensation, the best way for an insurance company to avoid liability is to deny the victim’s claim.
Florida is a comparatively negligent state, which means that any damages in an accident can be assessed to one or more parties – even the claimant.
For example, if a motorcycle drive in the state of Florida maintains an insurance policy of $10,000 and is over the age of 21, they legally do not have to wear a helmet when operating their motorcycle; however, if the driver is involved in an accident and sustains severe injuries to their head, the insurance company may argue the motorcycle driver was comparatively negligible for their injuries.
Downplaying Injuries: Personal injury claims are adjudicated under the negligence standard: the claimant must prove the defendant owed and breached a duty of care.
When an insurance company cannot deny liability, the company will downplay the extent of the victim’s injuries to avoid a fair and just settlement.
Moreover, insurance companies may even argue the type of medical treatment the victim received. For example, if a truck driver sustained back injury in an accident and received chiropractic care, the insurance company may attack the method of treatment in order to devalue the claim.
An experienced personal injury attorney can help you quantify your damages and defend subjective losses, such as pain and suffering.
Attribute Injuries to Preexisting Medical Conditions: The last line of defense insurance companies have to avoid financial liability is to attribute any injuries sustained as exacerbated medical concerns the victim already suffered from.
By reviewing medical records, insurance companies may argue they are not financially liable for injuries that were not caused by the accident.