Florida Personal Injury Blog
CAN A CLIENT SUE THEIR LAWYER?
Yes, a client can sue their personal injury lawyer. Personal injury lawyers have a reputation for being scrupulous when it comes to cashing in on their clients injuries. Though this is a common misconception, there are cases when personal injury lawyers do not place their client’s best interest at the forefront of personal injury insurance claims.
Such was the case of a Florida resident that filed a lawsuit against the personal injury law firm that represented him. In the claim, the former client of a prestigious Florida law firm alleged that the attorney handling his case, convinced him to undergo spinal cord surgery which ultimately left him paralyzed from the neck down. The Florida man, who had suffered lumbar disc injury in a car accident, claims that he was recommended spinal cord surgery by his personal injury lawyer and his doctors, the former stating that surgery would help to increase the compensation settlement offered by the insurance provider. It’s a common practice for personal injury lawyers to suggest surgical intervention if it helps to increase the amount of economic recovery, which ultimately enhances the personal injury lawyer’s fees. The plaintiff is also suing the surgeon, the rehabilitation center where he recovered, and the manufacturer of the surgical instrument that caused his spinal cord injury during surgery. With nearly $3 million in medical fees since his surgical ordeals began in 2015 following the car accident that resulted in cervical, thoracic, and lumbar injury, the Florida man is seeking compensation to cover his debts and provide funds with which to cover future expenses. According to the lawsuit against the personal injury law firm that handled his case, the Florida man was advised to proceed to trial rather than settle with the insurance providers, which had offered a settlement in the millions of dollars. The firm is also accused of hiring expert witnesses that only served to ruin his chances of winning the case.
SOMETHING TO WATCHOUT FOR WHEN HIRING A PERSONAL INJURY LAWYER
Always ask for references when choosing a personal injury lawyer to handle an insurance claim for accidents that result in serious personal injury which requires surgical intervention. In Miami, Jonathan Perazzo of the Perazzo Law Firm, strongly suggests that accident victims looking for compensation refrain from agreeing to surgery without making sure that their treating physicians agree. Personal injury lawyers are not doctors despite their experience dealing with accident victims that suffer serious personal injury and often accompanying their clients throughout the entire experience. Experienced personal injury lawyers understand the medical procedures that accompany minor and severe injuries. However, they are not surgeons and should never recommend surgery to treat injuries. Medical professionals are the only individuals that can recommend or suggest surgery, and patients are the only ones that can agree to be submitted to an operation.
Never agree to surgery in order to increase the payout offered by the insurance provider and the settlement for which your attorney is striving. There are times when personal injury lawyers place their own personal interests for financial gains before their client’s best interests for a healthy recovery.
How To Protect Your Rights When Your Claim Is Underpaid
The purpose of an insurance policy is to protect the policy holder in the event of a loss, damage or injury that the policy holder is unable to afford. In exchange for payment the insurance company agrees to cover certain losses or injuries.
As our loyal readers know, we have published many articles in the past explaining the insurance claim process and what to do when the insurance company wrongfully denies your claim. However, at times, the insurance company will acknowledge coverage and offer payment without the policy holder having to resort to a protracted litigation process. Unfortunately, the insurance companies do not always offer payment in the interest of the policy holder and instead pay to repair the damage in order to protect their own rights.
Upon suffering an injury in a car accident or in the event your home, or other insured property, is damaged, it is difficult to ascertain the exact amount it would take to treat the injury or fix the damage. In the instances of personal injuries suffered in a car accident, the true extent of the injuries may not be known for days if not weeks. The cost of repair of your vehicle may not be fully known until the repairs have commences. As far the real property, such as your home, the full extent of the damages may not be known right away. Additionally, any delay in treatment or any postponement of repairs may exacerbate the damage or injury and increase the costs.
Insurance companies know the costs and attempt to pay a claim before the damages become fully known. If the insurance company offers to pay a claim early in the claims process, it may be looking out for its own interest by attempting to cut its losses. Knowing the costs of treatment or repair will only increase with time, the insurance company will try to settle the claim as soon as possible.
A recent trend has emerged where claims are settled early on and payment is issued with a condition that absolves the insurance company of any further or additional claims for the same event. That is, if you accept the payment offered right away you may be waiving any right you have to claim additional damages later on when they are discovered. This tactic allows the insurance carrier to cut its losses and underpay the claim knowing full well the true costs of treatment and repair will be much higher later on.
Unfortunately, policy holders assume the insurance companies are on their side and accept the payments and sign the documentation releasing the insurance company from any further claims for damages. In doing so, the policy holders are unknowingly allowing the insurance carrier to vastly underpay claims.
Before signing any paperwork that may waive your rights for full and just compensation, please consult a legal professional who is experienced in the fields of property damage and personal injury.
At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the insurance industry. Our Florida lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking to repair your home, you can rest assured our lawyers will be there for you.
How To Protect Your Rights When Filing An Insurance Claim
For many of us, a personal vehicle is a necessity of life. We use it for everything, from buying groceries to ferrying kids to soccer practice. A personal vehilce is often used as a source of income. Unfortunately, a single car accident as a result of a negligent driver can cause, not only, serious injury from direct physical impact but also a loss of income.
Given this year’s hyper active hurricane season, many families have had their homes damaged. Heavy winds from storms have damaged roofs resulting in water entering inside the home. Severe floods have washed away driveways and caused water damage to the dwelling.
It is natural, in these cases, to want to restore our property to its previous condition to be able to drive to work and be able to return to our homes. In most instances, an insurance policy is meant to protect us from unforeseen injuries and damage. However, insurance companies want to protect themselves and reduce a potential payout on a claim that should otherwise be covered and paid in full.
Insurance policies have hidden requirements that force the policy holders to make immediate repairs to damaged property in order to prevent the damage from becoming worse. This is called mitigation of damages. It means, if your home floods, for example, it is up to you, the policy holder, to make immediate repairs at your own expense.
In cases of personal injury from car accidents, the insurance companies may force the policy holder to preserve the evidence of damage. That is, avoid repairing your vehicle until it can be inspected by the insurance company. During that time, of course, you may not be able to use your vehicle thereby missing work and losing income at a time when medical expenses may be coming due.
If you lose your patience waiting for your property to be inspected and fix the damage at your expense, the insurance company may reduce your recovery or deny your claim altogether. It is always important to preserve and record. If your home or vehicle suffered damage or you have suffered a personal injury, it is vital to take all steps necessary to keep an accurate record. For example, if your home is damaged by a plumbing system leak, you should preserve the pipe that burst and record the extent of the damage before and after repairs. If you are dealing with personal injury, keep a diary of your injuries and physical therapy for future reference to be able to prove the extent of injuries to receive full and fair compensation.
At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the insurance industry. Our Florida lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking to repair your home, you can rest assured our lawyers will be there for you.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights.