Should you Accept the Insurance Company's First Offer?

Will A Florida Jury Learn That The Insurance Company Agreed To Pay Your Medical Bills?

Posted by Guy DiMartino | Apr 09, 2013 | 0 Comments

Florida personal injury lawyer, Guy S. DiMartino, explains why the insurance company's offer to pay medical bills is not admissible in trial.

It's a common occurrence. A person is injured in an accident and the defendant or the defendant's insurance company offers to pay the injured person's medical bills.  The injured person doesn't accept the offer or negotiations break down.

The average person would say that it is logical that the defendant be questioned in trial about his offer to the pay the injured person's medical bills. The inference is that if the person offered to pay the medical bills that he or she is accepting responsibility for the incident.  In trial, however, the parties are bound by the rules of evidence and the rules do not allow this type of questioning.  Florida Rule of Evidence 409 says:

Evidence of furnishing, or offering or promising to pay, medical or hospital expense or other damages occasioned by an injury or accident is inadmissible to prove liability for the injury or accident.

The rule is based on the public policy of Florida that an individual should not be penalized for acting humane or in a merciful manner.  Do you think that is what the insurance company is doing?  Acting humane?

Sometimes the law seems unfair to personal injury claimants.  These are rules and the law that we have to abide by, which is why, Florida personal injury law can be complex.

If you have any questions about a Florida personal injury claim, you can call me directly on my cell phone at (352) 267-9168 or fill out the internet consultation form on the right.

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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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What distinguishes my firm from the many injury firms throughout the state is my background as a chiropractic physician treating injured patients for 17 years. This gives you the benefit of having someone fighting for you that understands the nature and extent of your injuries and your road to recovery.

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