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By jmaroney on December 31, 2008
Many times the insurance coverage on the car that was at-fault is inadequate to even pay your medical bills. If the insurance company does not offer their policy limits on a timely basis, they may be in what we call, “bad faith.” The law of bad faith can be confusing. Courts and the parties appearing before the courts struggle in understanding the detail of bad faith and how it applies in a particular case. We have had many experiences with motorcycle cases where the driver of the car at-fault has insurance but the policy limits are not offered. Frequently the insurance companies claim that the driver of the motorcycle was partially or completely at-fault. We have had success in obtaining the policy limits plus what we call, “bad faith damages” from the insurance company for the at-fault party for failing to pay the policy limits because they questioned whether their driver was at-fault when the driver was enough at-fault that the policy limits should have been offered.
By jmaroney on December 30, 2008
If you decide to negotiate your own settlement with the insurance company, there are many risks. The adjuster may make what seems to you to be a good offer, but you need to be careful about medical liens. This is particularly true in motorcycle cases where there is frequently no medical payment coverage on the motorcycle. There is also an issue when the medical bills are very high. A lien can be placed on your settlement by your health insurance company, Medicare, Medicaid, or some other source that pays the bills. If you accept the settlement, you may need to pay the entire amount to one of these medical payment providers. You also need to be careful about a possible hospital lien. Hospitals will frequently place a lien on your home and on the settlement. Regardless of the settlement offer, if you feel there will be a hospital lien or health insurance lien against your settlement, you should contact an attorney before you accept the settlement. This will give you the best bargaining position as these liens can be negotiated.
By jmaroney on December 29, 2008
In another case, Etheridge v. Walt Disney World, the Court held that it was improper for the judge to grant a directed verdict, preventing the plaintiff from bringing his case to a jury. In this case, the plaintiff was injured at Walt Disney World when she was crossing the street from a parking lot, stepped off a curb and her ankle was caught in a storm drain. The appellate court here in Florida ruled that even though there may not have been a defect in the design, construction or maintenance of the storm drain, the court should have allowed the plaintiff to present evidence to a jury of a pattern and practice of encouraging guests to cross the street over the storm drain. Negligent mode of operation may be a basis for liability against a premises owner in a case where someone falls and suffers serious injury.
By jmaroney on December 29, 2008
During the first two weeks of December 2008, the appellate courts in Florida decided two cases that are favorable to plaintiffs and people injured as a result of negligence. The first case was decided by the state Supreme Court and is entitled Kirton v. Fields. In that case, the court determined that a release signed by a parent, before an injury, may not be enforceable against the operator of a commercial activity. In this particular case, the release signed by the minor’s father so that the minor could gain access to a motorcross sports park to ride his ATV was held unenforceable because it prevented the minor’s estate from bringing a cause of action against the commercial establishment that provided the activity which resulted in the minor’s death.
If you or a loved one has been injured in Central Florida, schedule an appointment at the Law Offices of Richard B. Troutman for a review of your case.
Law Offices of Richard B. Troutman, P.A.
1101 North Kentucky Ave.
Winter Park, Florida 32789
Ph. 407-647-5002
Fx. 407-647-2050
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