Articles Tagged with car accident lawsuit

A $14.4 million verdict awarded in a catastrophic injury lawsuit was recently overturned by Florida’s 2nd District Court of Appeal, citing the binding settlement agreement plaintiff’s father had entered prior to trial for just $10,000 and the insurer’s good faith effort to pay the policy limits. Plaintiff is in a vegetative state following a 2010 car accident in which he was a passenger.South Florida injury lawyer

The case is a cautionary tale in why it is critical for anyone acting on behalf of a loved one after a catastrophic injury to consult with a personal injury attorney as soon as possible. Only certain individuals are authorized to handle financial and health care matters for someone who is incapacitated, but there is often confusion about how that process works.

It’s also not uncommon for insurers to swoop in as your “friend” early on in a case like this, trying to secure a low-ball settlement. Your case may be worth a great deal more than what they’re offering, but you won’t have the right to pursue it if you cash that check and release them from all future claims.

Why Catastrophic Injury Cases Require Experienced Plaintiff Lawyers

Catastrophic injuries are those that permanently prevent a person from performing work and enjoying life as he/she would have prior to the accident. Examples include:

  • Traumatic brain injuries;
  • Severe burns;
  • Spinal cord injuries;
  • Amputations;
  • Paralysis.

Most commonly, catastrophic injuries are the result of motor vehicle crashes, but they can also stem from construction site falls, medical malpractice or intentional acts of violence. Continue reading

Auto insurers in Florida have two duties with regard to their insureds:

  • A responsibility to indemnify, or pay damages for which insured would otherwise be liable (up to policy limits);
  • Duty to defend insured from legal action (i.e., hire a lawyer and help mount a defense).car accident attorney

Even if an insurer argues it doesn’t have a duty to indemnify (the incident is not one that is covered or the person is not one for whom coverage should be extended), there is often still a duty to defend. Failure to adhere can be a form of bad faith insurance. This could ultimately be an issue for plaintiff to deal with directly if the at-fault driver assigns whatever claims he or she might have had against the insurer for this over to plaintiff as part of whatever settlement is ultimately reached.

Insurers are within their rights to outline the parameters under which they will provide coverage, and there are unfortunately a host of rules and exceptions in almost every policy. However, many times insurers will interpret their policies a bit more broadly than they should, which is why it’s important to have an experienced car accident attorney in South Florida who will fight for you and take them to task. Continue reading