We Don't Back Down until Justice Is Done
Arcadia, Florida, sits in DeSoto County and has been home to several of our personal injury clients over the years. Sitting at the crossroads of U.S. 17 and State Route 70, Arcadia unfortunately sees its share of serious traffic accidents as well as other types of personal injury.
In our profession, we have to witness things that disturb and anger us – clients who have been seriously injured for completely avoidable reasons, for example. It is these very emotions welling up within us, however, that provide us with the motivation we need to demand justice for our clients.
Make Sure You Know the True Value of Your Claim
Many people walk into negotiations with an insurance company or with a defendant having no idea how much their claim is really worth. Insurance companies, in particular, smile when they realize they are facing an unrepresented claimant who doesn't know how much his claim is worth. They frown when they discover that the claimant is being represented by David Holland Law – but hey, that's OK with us.
You are no doubt aware that you are entitled to reimbursement for your medical bills and lost earnings. Yet two of the most overlooked components of a personal injury claim, at least when it comes to serious or permanent injuries, are future medical expenses and pain and suffering compensation. These two components alone could comprise well over 50 percent of the total value of your claim in many cases.
“Very informative with my questions and concerns. Have used his services and would highly recommend him.” – Toni
Frequently Asked Questions (FAQs)
How can I avoid harming my claim?
The following is some time-honored advice:
- Don't accept a quick settlement unless your lawyer OKs it.
- Don't provide the other side with excessive information such as complete access to your medical records.
- DO set your social media accounts to private and stop accepting new friend requests while your claim is pending.
- DO contact David Holland Law as soon as possible after your accident
How might an insurance company use the contents of my social media account to hurt my claim?
The following are some examples of content that can hurt you:
- An old, but newly-uploaded, photo that was taken before your accident that shows you dancing.
- A tweet stating, “I'm feeling much better today” that was only meant to reassure your worried friends
- Many people wishing you “a happy birthday” (if your claim includes emotional distress due to social isolation caused by your accident).
Can I file a personal injury lawsuit over a vicious beating?
Yes, you can file a lawsuit over an assault and battery incident such as:
- A mugging.
- A “road rage” beating.
- A beating by a nightclub bouncer.
Due to differing standards of proof, you can win even if the defendant is acquitted in criminal court. You might even be eligible for punitive damages. A potential problem is that few insurance policies cover intentional assaults. If you were beaten by a nightclub bouncer, however, you might be able to sue the nightclub.
My husband died in an accident. Can I file a personal injury lawsuit on his behalf?
No, but the personal representative of his probate estate (which might be you) can file a wrongful death lawsuit. Damages from a wrongful death lawsuit can be extensive, and they go to the victim's probate estate and to close relatives.
What are the elements of a medical malpractice claim?
To win a medical malpractice lawsuit, you must prove the following five legal elements:
- A doctor-patient relationship existed between you (first aid at the scene of an accident might not qualify);
- Your doctor owed you a certain professional standard of care (a specialist would be held to a higher standard of care than a general practitioner);
- Your doctor failed to meet the applicable standard of care;
- You suffered physical harm (illness or injury); and
- Your harm was caused by your doctor's failure to meet the standard of care.
Each of these elements must be proven under a “more likely than not” standard of proof (about 51%).
You Need Someone in Your Corner
Whether you are duking it out in court or haggling over the negotiating table, resolving a personal injury claim is likely to make you feel like a punching bag after a while. Don't let the other side take advantage of your lack of knowledge of personal injury law or try to wear you down. Let David Holland Law handle the negotiating and the litigating for you.
If you were injured in Arcadia or if you live in town, contact David Holland Law today. Call (941)-744-5450 or fill out our online evaluation form so that we can set up a free, no-obligation consultation. We serve clients throughout Arcadia, including Lake Suzy, Spring Lake, Nocatee, Forest Pine Estates, Sunnybreeze Harbor, and elsewhere.