Articles Tagged with West Palm Beach wrongful death attorney

The widower and surviving children of a 36-year-old woman killed in a Florida car accident three years ago have secured a $13 million verdict against the estate of the driver who caused the crash by making an illegal pass. The family’s wrongful death lawyer says the next step is to pursue a bad faith insurance claim against the auto insurance company that acted in bad faith in failing to settle this claim before trial. West Palm Beach wrongful death lawyers

As our West Palm Beach wrongful death lawyers can explain, bad faith insurance claims are those stemming from an insurance company’s failure to act in a reasonable manner when processing, investigating and paying a claim. This remedy exists because legislators and courts recognized that when it comes to settling claims, insurers are in the driver’s seat. They have more expertise, negotiating strength and financial resources than any claimant. That makes good faith and fair dealing of insurers essential. But that doesn’t mean they always do.

Working with an experienced wrongful death lawyer can help reduce the chances that an insurer will attempt to undercut you with a low-ball settlement or refuses to settle for a reasonable amount. If that doesn’t happen, a good lawyer can help you begin to gather evidence to build a solid case for bad faith insurance. Continue reading

West Palm Beach injury lawyers have been watching closely the progression of HB17, a bill that would limit the amount of damages for losses like pain and suffering that can’t be easily quantified. The $1 million damage cap would affect non-economic damages in personal injury cases. Proponents claim it’s necessary to improve insurer and large corporation stability, “balance out” their legal risk resulting from high litigation costs and lower what we all pay for insurance and other products/services. West Palm Beach Personal Injury Lawyer

The Florida House Civil Justice Committee approved the cuts, and the bill is advancing.

Here’s the reality about legislative actions like this (also known as “tort reform“): It’s a “get-out-of-jail” free card for insurers and big business. Where they have been successful, it is found companies are better-shielded from litigation risks and their profits are higher. It very often does not result in savings for the public/consumers. Furthermore, it’s been proven that the people most affected by a policy like this are the individuals hurt most severely. Finally, it’s likely no coincidence the most ardent advocates of this measure receive an awful lot of campaign contributions from lobbyists for these industries.

The Case of McCall v. State Showed Damage Caps Don’t Work

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