We Fight Back against Greedy Insurance Companies
We have been serving the people of Palmetto for many years now. Indeed, some of our closest friends hail from Palmetto. Of course, when we see someone from Palmetto for work-related reasons, they are not having their best day – they come to us because they suffered an injury that they believe was caused by the negligence or misconduct of someone else.
What our former clients discovered (and what you will likely discover as well) is that pressing a personal injury claim bears some resemblance to fighting a war, even if the claim is eventually resolved at the negotiating table. In your injured condition, you may not feel up for a fight. That's OK. Because at David Holland Law, we stand ready to lace up our gloves for you.
Games Insurance Adjusters Play
Insurance companies are nothing like charities or public assistance agencies, as much as their advertising may try to convince you otherwise. Ultimately, they are businesses whose purpose for existence is to make a profit. As long as you are healthy, you are their customer. The moment you become injured and file a claim against them, they become your adversary.
Nevertheless, it makes sense to negotiate with an insurance company before you file a lawsuit. Don't ever forget two harsh realities, however: (i) their sole goal is to minimize or deny your claim, and (ii) you will be facing a professional negotiator. Unless you are a professional negotiator as well, your best bet is to retain an experienced Florida personal injury lawyer to represent you.
“Very informative with my questions and concerns. Have used his services and would highly recommend him.” – Toni
Frequently Asked Questions (FAQs)
I slipped on a wet floor in a restaurant and broke my hip. Do I have a claim?
Maybe you do and maybe you don't, depending on the circumstances. A restaurant is obligated to keep its premises reasonably safe for customers. If another customer spilled a drink on the floor 30 seconds before you slipped, the restaurant might not be liable. If an employee mopped the floor but failed to erect a “Wet Floor” sign, it might be liable. There are no certain answers.
How long after an accident do I have to file a personal injury lawsuit?
For most injuries, the statute of limitations deadline for filing a lawsuit is four years after the accident. For medical malpractice, the deadline is two years after you discover (or should have discovered) that your condition was likely caused by medical malpractice. For wrongful death, the deadline is two years after the date of death. Certain exceptions exist, for example:
- If the victim was mentally incapacitated by the accident;
- If the defendant left the state; and
- If the defendant concealed his identity to avoid liability.
Even these exceptions contain limitations (seven years after the accident in a case of mental incapacitation, for example).
I signed a medical consent form before surgery. Can it be used against me in a medical malpractice lawsuit?
Not in most cases, because consent is not a defense against malpractice. A consent form could, however, be used to contradict you if you stated that that you never consented to the surgery. In most cases, this would not have much of an effect on your claim.
Can I sue the defendant's company if the defendant was on-duty at the time of the accident?
That depends on the facts of your case:
- If the defendant was an employee, you can probably sue the company for the defendant's negligence.
- If the defendant was an independent contractor (as most commercial truckers are), you cannot sue the company for the defendant's negligence.
- In either case, you can sue the company for its own negligence if you can find any.
A court, not the company itself, would decide whether the defendant was an employee or an independent contractor.
The Clock Began Ticking on Your Claim the Moment the Accident Happened
We're not talking about the statute of limitations clock, although it is critical that you don't miss that deadline. We're talking about a much shorter time frame: the period of maximum viability of your claim. Although the length of this period is uncertain, it ends as evidence starts to deteriorate – as witness memories fade, for example.
Your best bet is to begin preparing for your claim as quickly as possible. Pick up the phone and call David Holland Law today at (941)744-5450, or fill out our online contact form so that we can schedule you a free initial consultation. We serve clients from all over Palmetto, including Artisan Lakes, Caloosa Gardens, Crystal Lakes, Eagle Pointe, Jaclyn Oaks, Mariposa and elsewhere in town.