Should you Accept the Insurance Company's First Offer?

No Insurance – No Florida Personal Injury Case

Posted by Guy DiMartino | Dec 26, 2012 | 0 Comments

Florida injury and accident lawyer, Guy S. DiMartino discusses how insurance drives the value of a case and the lack of insurance kills a case.

When an injured person hires a personal injury lawyer, the lawyer's first order of business is to determine the potential negligent parties and investigate whether or not they have insurance to cover the loss.  Under Florida law, an insurance company or corporation has 30-days in which to provide an affidavit of insurance coverage.  See 627.4137, Florida Statutes.

Most of the time, the extent of available insurance coverage provides the ceiling for the client's recovery.  This is especially true in today's economy.  The client can have the greatest personal injury case, however, if there is no available insurance coverage – there may be little an attorney can do for the client.  Let me tell you a story to illustrate a point.

I was recently retained by a client who had severe injuries.  The value of his/her case was about $250,000-$300,000.  The person who caused the accident had $10,000 in insurance.  He owned the car, was not on the job, and had no assets.  The client also didn't have any type of insurance that would help compensate him/her for the loss.  We were only able to obtain the available $10,000 for the client even though his/her claim was worth much more.

Over the last year, probably because of the economy, I had to tell a number of clients that there was nothing we could do for them and they did not have a viable case because the person who caused their injury was uninsured and judgment proof.  No Insurance – No Case.

It is very important for all drivers in Florida to purchase uninsured motorist coverage so if they are injured by an uninsured or underinsured driver, they will have the ability to receive compensation from their insurance company.

If you have any questions about a Florida personal injury case, give me a call at (352) 267-9168 or fill out the Internet consultation form on the right.

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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