Settling a Personal Injury Claim vs. Filing a Lawsuit

Jason B. Goldman • Dec 21, 2022

 

Many potential clients are hesitant to proceed with an automobile accident injury claim against the at-fault driver because they believe it will require the filing of a lawsuit that will ultimately end up in a trial.  This is absolutely not the case.  In fact, most automobile accident injury claims are resolved with insurance carriers through negotiation before any lawsuit is filed.  While every case is different, if a fair, negotiated settlement is reached with an insurance carrier prior to filing a lawsuit, the claim can be resolved voluntarily without the assistance of the courts.

 

Oftentimes, adjusters for insurance carriers contact injured victims quickly after an accident to try and settle their claims fast and inexpensively, before an injured party has even had a chance to speak to an experienced personal injury attorney.  We can cite countless examples of clients seeking our assistance after having already settled their injury claim directly with an insurance adjuster for a nominal amount. Unfortunately, after a claim has been settled by an injured party directly with an insurance adjuster, it cannot be “unsettled”.  Always keep in mind an insurance adjuster’s job is to settle an injury claim for as little as possible, which benefits his/her employer – not you.  Opposing insurance adjusters have no duty or obligation to negotiate with you fairly, or otherwise “do the right thing” by you.  On the contrary, the only job of a highly skilled personal injury attorney is to protect you and your family’s interests.

The more serious your injuries, the more important it is to have an experienced personal injury attorney by your side.  The fair value for injury claims involving serious injuries (broken bones, surgeries, permanent scarring), extended hospitalizations and medical care, and substantial lost wages far exceeds what an insurance adjuster will offer you at the outset of an automobile accident injury claim.  The larger your claim, it is imperative to contact an experienced personal injury attorney to protect your interests.

While most injury claims can be settled before the filing of a lawsuit, this is not always the case.  If insurance carriers will not agree to compensate our clients with an appropriate settlement amount, we request permission from our clients to file an appropriate lawsuit at that time.  Ultimately, the filing of a lawsuit is the decision of our client, based on our legal advice.  We cannot (and would not) force a client to settle a case, nor can (or would) we force a client to file a lawsuit.  The final decision to settle a case or file a lawsuit rests exclusively with our clients.

Even if a lawsuit is filed, most filed cases are resolved at some point before an actual trial occurs.  Settlement negotiations usually continue between your attorney and the insurance company’s hired attorney after a lawsuit is filed.  Also, during the litigation process a judge will order the parties to mediation – another effort to see if a compromise is possible that will settle your injury claim without the need for trial.

We understand that not a single client wants to have a trial.  The process is long, costly, and stressful.  So, our approach with insurance carriers is simple:  We inundate insurance adjusters with irrefutable documentation regarding your claim early and often, with the help of your medical professionals, so that when the time comes to discuss settling your claim, the opposing insurance adjuster sees that your claim is strong and therefore worthy of substantial compensation.  When it comes to your personal injury claim, we follow the common sports analogy:  the best defense is a good offense.

Please call us for a FREE CONSULTATION at 941.625.6666.  On personal injury claims, we do not receive a fee unless we win your claim and recover funds for you.  At no time will you be asked to pay a retainer, or otherwise come out-of-pocket for any money associated with your claim.  We only recover our fees and costs is we recover for you!

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By Jason B. Goldman 05 May, 2024
With Charlotte Harbor waters as a prime location for boating enthusiasts, understanding the intricacies of personal injury claims arising from boating accidents is essential for our community. GTS Law Firm, rooted deeply in the Charlotte County area, including Port Charlotte, Punta Gorda, Englewood, and North Port, brings forth insights and advice for those finding themselves in the unfortunate aftermath of a boating accident. How Do Boating Injury Claims Differ? Boating accidents in Florida present unique challenges compared to other personal injury claims. Given the potential for significant damages, these cases often see rigid resistance from insurance entities. The intricate nature of injuries demands a comprehensive legal approach, emphasizing the necessity of expert maritime knowledge. The Role of Maritime Law Maritime law is at the forefront when dealing with boating and jet ski accidents, introducing various complexities, such as determining the rightful jurisdiction. This specialized area necessitates a profound understanding to navigate successfully. Classification and Causes of Boating Accidents In Florida’s legislative landscape, jet skis are indeed considered boats if they meet specific criteria. Recognizing the common causes of boating mishaps, from reckless operation to boating under influence (BUI), is crucial for building a strong legal case. The Vitality of Legal Representation Experiencing a boating accident can be overwhelming, entangled with complex legal proceedings. GTS Law Firm is committed to extending unparalleled legal assistance, drawing from our extensive expertise in personal injury and maritime law. Our approach is personalized, acknowledging each client's unique journey towards seeking justice. For those navigating the aftermath of a boating accident, remember, you’re not alone. Our empathetic team at GTS Law Firm is here to offer guidance, support, and representation. To discuss your case or for more insights into boating personal injury claims in Florida, connect with us. www.gtslawfirm.com (941) 625-6666.
By Jason B. Goldman 05 May, 2024
Florida's roads should be a haven of safety, not a battleground of reckless decisions. At GTS Law Firm, we stand with victims of drunk driving accidents, advocating for justice and rightful compensation. Today, we're shedding light on a lesser-known aspect of Florida law that might give victims another avenue for seeking that justice: Florida Statute 768.125, more commonly known as the Dram Shop Law. The Law's Limitations Importantly, the statute comes with limitations. Under normal circumstances, an establishment cannot be sued for providing alcohol to a legally aged drinker. However, the law makes two essential exceptions: If alcohol is knowingly provided to a person who is not of lawful drinking age If alcohol is knowingly provided to someone recognized as habitually addicted to alcohol Should these individuals cause an accident leading to injuries or other damages, the establishment could then be liable. Scope of the Law The Florida courts have clarified the scope of the Dram Shop Law; it predominantly applies to establishments selling alcohol for immediate consumption. This means restaurants, bars, and casinos are typically those in focus. Conversely, the law does not traditionally apply to liquor stores or other vendors selling alcohol intended for later consumption. Social hosts are generally exempt from liability regarding their adult guests' alcohol consumption. However, should a social host serve alcohol to minors, they could face severe repercussions, including fines and jail time. Pursuing Damages in a Dram Shop Case Victims must prove that an establishment knowingly served a minor or an addicted individual. Recovery in a dram shop case can include: Lost wages Medical expenses Pain and suffering Property damage Our aim at GTS Law Firm is not just to support you in litigating against the direct perpetrator, but also to explore every legal avenue that can bring you closer to full and fair compensation. Comprehensive Legal Support with GTS Law Firm If you or someone close to you has suffered due to a drunk driving incident, know that you may have more options for recovery than you think. GTS Law Firm's experienced attorneys can provide you with the legal guidance necessary to navigate these complex scenarios. Contact us for a personalized consultation and let us help you on your journey to justice. www.gtslawfirm.com (941) 625-6666.
By Jason B. Goldman 07 Apr, 2024
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By Jason B. Goldman 07 Apr, 2024
At the Goldman, Tiseo & Sturges Law Firm, we often encounter clients who ask, "What are the chances I'll be involved in a car accident here in Charlotte County?" It's a question that's on the minds of many of our community members as they navigate the roadways of Port Charlotte, Punta Gorda, Englewood, and North Port. While there's no crystal ball to predict everyone’s likelihood of experiencing a car accident, several factors can affect these odds, including regional traffic conditions, seasonal population increases, and local infrastructure. As your hometown legal team deeply rooted in Charlotte County, we understand these dynamics firsthand and are well-versed in the patterns and trends that can impact driving safety in our area. Statistics from traffic authorities offer insights into accident rates, which can vary from year to year. Factors such as distracted driving, road construction, and weather conditions all play a role in the number of collisions on our roads. But numbers only tell part of the story. At GTS Law Firm, we know that behind every statistic is a person – a neighbor, a friend, a family member. That's why we stress the importance of cautious and attentive driving every time you get behind the wheel. We also emphasize the value of being informed and prepared. Knowing local traffic laws, understanding your vehicle's safety features, and staying aware of common hazards can all decrease the likelihood of finding yourself in a collision. However, should you unfortunately find yourself involved in a car accident, rest assured that GTS Law Firm is here to help. Our experienced attorneys provide premier legal guidance with a personal touch, reflecting our deep commitment to the welfare of our clients and community. Our firm is the only multi-member law firm in our area where every attorney is AV-rated by Martindale Hubbell, signifying a dedication to excellence in service and legal expertise. If you've been in a car accident, or if you want to be proactive in understanding your rights on the road, reach out to GTS Law Firm for a free consultation. Our legal team is standing by to provide you with the personalized attention and representation you deserve. Let our hometown attorneys with nationwide recognition be your advocates, whether you're seeking to navigate the legal aftermath of an accident or simply looking to arm yourself with knowledge to prevent one. For proactive protection or dedicated representation, contact us at (941) 625-6666 or visit our website at gtslawfirm.com
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