Should you Accept the Insurance Company's First Offer?

Why Most Florida Personal Injury Claims Should Settle

Posted by Guy DiMartino | Apr 30, 2013 | 0 Comments

Leesburg, Florida personal injury lawyer explains why most personal injury claims should settle.

As a general rule, most personal injury cases should settle.  I know everybody talks their bravado, stating that they will try your personal injury case, but the fact is that a small number of cases go to trial.  This is coming from a trial lawyer.  Why do most cases settle? Because they should be settled.  Because there is risk on both sides. Because it is the best decision to put the case to rest so the parties can get on with the rest of their lives.

There are situations where cases need to be tried and will not settle.  The two most common scenarios are:

  • There is a dispute over fault.  This is case where the injured person says the defendant (person who allegedly caused the injury) is at fault and the defendant (or his insurance company) takes the position that they are not at fault.  If the parties cannot agree on who is at fault (liability) for the accident then a jury will have to settle the dispute.
  • The insurance company is being unreasonable.  In these cases, the insurance company does not offer a fair settlement amount.  There are many reasons for this.  Sometimes the adjuster just doesn't know how to evaluate the case.  Other times the insurance company is misinformed or believes that the value that it is putting on the case is reasonable.  In these cases, the insurance company makes the client's decision to go to trial easy.

Cases should settle when the insurance company offers a reasonable amount of money.  Put another way, an amount of money that is within the range of potential verdicts.  Typically, it will not be the highest potential amount but it will be in the range.  It is at these times that the client has to rely on their attorney's advice.  There attorney should not the settlement value of the case and the risks and benefits associated with going to trial.  The attorney should sit down the client and counsel them on these issues so the client can make an informed decision.  In the end, it is the client's decision whether to settle a case or not.

If you have any questions about a Leesburg, Florida personal injury matter call (352) 267-9168.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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