Case Study: It Pays to Hire an Experienced Injury Trial Lawyer
We had a client who was working as a driver for a ride-sharing app when he was rear-ended by another vehicle. Our client suffered an injury to his back. He went to the hospital following the accident and then attempted to recover with conservative chiropractic treatment and physical therapy. However, after months of physical therapy and epidural injections, he was still in a lot of pain. Approximately one year following the accident, our client made the decision to undergo a back surgery that had been recommended by two different orthopedic surgeons. The surgery was successful but our client would never return to his physical condition before the accident.
Insurance Company Offered Less Than The Case Was Worth
At the conclusion of his medical treatment, we served an initial Demand Package to the insurance company of the driver who caused the accident. The vehicle that caused the accident only had $10,000.00 in bodily injury coverage. That amount was quickly paid to our firm. We then set our sights on the Uninsured Motorist Coverage (“UM”) offered by the ride-sharing app. In response to the Demand Package we sent to the insurance company for ride-sharing app, we were offered more than six figures to settle our client’s claim.
While other personal injury attorneys would have taken this offer, we believed that our client’s injuries were significant and worth more than the offer . We recommended, and our client agreed, to file a lawsuit to help our client receive more compensation.
Accident Attorneys That Bark But Do Not Bite
Many Personal Injury attorneys in South Florida lack litigation experience. That is why they try to avoid the courtroom and only want to settle their cases. Insurance companies will often make lower offers to see if the attorney is willing to file a lawsuit. At JB Law, we file lawsuits when a lawsuit is needed to get the best result for our clients.
Here, the filing of the lawsuit showed the insurance company that we were not backing down and also provided leverage. The insurance company now understood we were willing to pursue the case using the court system. The insurance company’s attorneys escalated the case from state court to federal court thinking this would give them an advantage. Little did they know that our firm has federal litigation and trial experience coupled with a winning mentality. Once we began taking depositions and aggressively moving forward with the lawsuit, the insurance company suggested an early mediation. At mediation, the insurance company’s attorneys improved their offer but we still thought our client deserved more so we declined that offer. Finally, about a week after the mediation, we received an offer that was significantly better and more in line with what we believed our client deserved. Persistence paid. We settled the case. Our client was ecstatic with the result.
Key Takeaways From This Case
If you or anyone you know gets injured in an accident, here are some valuable lessons to remember from this case:
- Hire a personal injury attorney who truly has your health and financial best interests in mind.
- Hire a personal injury attorney who has the experience litigating injury cases at both the state and federal levels. Insurance companies know which attorneys have litigation and trial chops and will make a reasonable offer to avoid going to trial.
- Make sure you have plenty of Uninsured Motorist Coverage on your automobile policy. It may increase your policy premium but over time will cover the costs of your medical bills, pain and suffering and lost earnings.