When Will It Be Necessary to Litigate My Personal Injury Claim?

When Will It Be Necessary to Litigate My Personal Injury Claim?

When to Choose a Personal Injury Settlement

Your Florida personal injury attorney will make every effort to negotiate a fair settlement without you having to go to trial. However, there may be instances where a fair settlement is simply impossible and litigation is the only way you can get the money that you deserve. This usually happens because the insurance company simply does not believe you deserve the money that your personal injury attorney is asking for. The most common reason that this would be the case is that the insurance company suspects that you are at least partially liable for your own accident. If they have any suspicion that your own negligence contributed to your accident, the insurance company will likely be extremely resistant to settling. Sometimes, the insurance company may suspect you of exaggerating your injuries, especially if you have a soft tissue injury that leaves little verifiable evidence. This, too, will make insurance companies reluctant to settle. Alternatively, the insurance company may just be stalling for time. Since the insurance company knows that waiting for settlement harms you more than it harms the insurer, it may simply be waiting for you to buckle. In such a case, a lawsuit is probably the only way to proceed with your claim. Whatever the reason, a personal injury lawsuit will usually name the party responsible for your injury, instead of the insurance company, as the defendant. The only major exceptions to this rule are when the party that caused the claimants injury was underinsured. The insurance company will still be hurt by such a lawsuit, as people do not want insurance from a company that will allow them to be sued. The procedure for initiating a personal injury lawsuit may vary from case to case. Your Florida personal injury attorney may suggest holding off on filing the lawsuit after announcing it, in hopes that the threat of a lawsuit might force the insurance company to reconsider its offer. However, the attorney must be ready to pull the trigger if the insurance company does not make a reasonable offer. In these cases, the expertise of the Florida personal injury attorney is vital to getting you the money you deserve. Call experienced Florida persona injury attorney John Fagan today for a free initial consultation.

Google Reviews

Paul Wheat
Paul Wheat
19:06 07 Jan 19
Over all it was not bad.. dealing with work comp I found that very few are on your side and no matter who you are, you are now viewed as a lazy criminal. Debbie was great and communication was clear. Dave did his job but nothing more. I do not feel I was prepared for what I heard in mediation to the extent of the numbers.. as an office 4 stars.. Debbie... 5 stars... the experience... well I'm sorry anyone is even looking for an attorney for help.read more
Dawn Battle
Dawn Battle
18:56 07 Jan 19
Had a wonderful experience at The Fagan Law Firm! Mr. Daze was wonderful to work with, full of wisdom and helped me get my settlement quickly. Would use this law firm again!read more
Maria Galarza
Maria Galarza
15:00 13 Nov 18
My experience was not very pleasant, first we were new clients without any experience about car accidents for that reason we did not know how the process will be or how long that could last. When we started the process we never got explained step by step how will work. We expected more communication from the person in charge of the case in our case was Adrianne, She never answered a call and when I sent emails I did not get an answer on time, most of the time it took more than 48 hours for her to respond and I was not pleased with the answer of my question (leaving me with doubts about what I was asking) when the case of property damage part was finally over with her, the case goes on demand for the insurer which never I saw some copy but I have to clarify that Mrs Daphne nail was very kind.read more
Kristen Rosepiler
Kristen Rosepiler
22:41 19 Oct 18
First off, if I could give Daphne ZERO stars, I would. She was terrible with communication! She could never accept a phone call, I always had to leave messages that she never returned, and didn't even call me on SCHEDULED conference calls. The three stars is only because of my beginning experiences..... My case was transferred to Adrienne, if you have a case here, REQUEST HER. She was such a breath of fresh air. She kept me updated via email about everything. I understand that a lot of phone tag happens during these cases, but she kept me updated on everything. Not a week went by that she didn't tell me what was going on. She fought very hard for me to get my bills and med pay down so that my settlement was better. In the end, she turned an awful experience into a good one. She definitely deserves 5 stars!! Thanks!read more
Chaos with the Christopher's
Chaos with the Christopher's
13:07 09 Oct 18
I don't reccomend this attorney at all. They drug my case out for 6 years. I went 8m without them contacting me. They aren't genuinely for you. I was told that my case wasn't putting any money in their pockets. That's when I knew I had to fire them. 6 years too long! I reccomend Byrd & Byrd!read more
Rand Peterson
Rand Peterson
17:26 28 Aug 17
John Fagan did an exceptional job in dealing with my accident claim. Daphne was also a key player in the settlement that I received. I would definitely use John Fagan (and Daphne) again if the need would ever arise in the future.read more
Joan Brackin
Joan Brackin
22:08 28 Jun 17
The challenges that my daughter has experienced since her car accident last summer have been many. This law firm and their supportive staff have always had an open ear and were only a phone call or email away to answer questions regarding getting her the medical help that she has needed. I highly recommend this group of people to be there in your time of need.read more
Alicia Williams
Alicia Williams
18:32 28 Jun 17
I highly recommend John Fagan for your personal injury lawyer. The staff is very professional and knowledgeable. They are always a phone call away ready to address any of your cares and concerns. When you first meet with John Fagan he makes you feel comfortable and confident he will do the best job he can for you.read more
Rick Bartley
Rick Bartley
18:10 28 Jun 17
So far top notch group of staff. From account manager's that are on top of it and get answers quick to John Fagan being available when needed. Couldn't ask for a better law firm to represent my case.read more
Sandra Danner
Sandra Danner
22:56 23 Jun 17
I really wish I had called John Fagan firm to be on my side a couple years ago after an accident. I did not hire any representation and have always felt like the insurance company cheated me from a fair settlement. It was a time I needed to feel like I had family on my side and everyone at this law firm will treat you like family. John is an especially amazing community advocate. Don't make the mistake I did! Call John Fagan law firm today!read more
Next Reviews
Review Us