How to Maximize a Personal Injury Claim

Gainesville and Ocala Personal Injury Attorneys serving Alachua, Columbia, Marion, Sumter, and Lake County.  Thousands of Floridians are injured each year in automobile accidents, on commercial property and at work.  Each of these injuries is unique and requires careful management of both parties.  Often personal injury claims fall short of actual injuries and hardships incurred.  Insurance companies are also becoming more aggressive and less likely to settle for full damages.  Here are some tips to help account for all your damages and help you maximize your settlement.

1.) Get photos of the accident scene.  Memory is often faulty and unreliable.  If you are in an automobile accident or injured on someone’s property, you will want to get photos of the accident to not only help you remember, but also to help prove potential negligence and fault.

2.) Do not leave the scene without a police report or incident report from management.  Many times an injured party will leave the scene quickly, possibly to meet obligations or avoid confrontation.  Be firm and demand a copy of any reports taken.

3.) Do not give any statements.  Nervousness and anxiety play a major role after a traumatic injury or accident.  You may say something in error or use bad judgment when speaking to police officers or managers.  Give them your contact information and seek medical attention immediately.  Insurance companies (yes, even your own company) want to reduce liability at any cost and will use your own statement to do so.

4.) Keep a detailed log or journal of all expenditures and lost income.  Items like prescriptions, co-pays, and mileage to and from your medical provider can all be accounted for with receipts and meticulous note taking.  If you lose time from work for doctor’s appointments or are forced to take medical leave, make sure you keep a detailed account of time lost.

5.) Hire a Personal Injury Attorney.  Medical providers, insurance companies and corporate lawyers are a mess to deal with and will try to reduce your settlement.  As soon as your medical condition is stable, seek an attorney and begin your claim immediately.  If you lack medical coverage, an attorney can help you get the care you need with little or no cost out of pocket.

The Personal Injury Attorneys of Massey & Duffy, PLLC have decades of experience working with insurance companies and medical providers.  Call (352) 505-8900 today to schedule a FREE CONSULTATION.

Top Florida Personal Injury Blogs

$5 Million Settlement for Attack at Florida Nightclub – Associates and Bruce L. Scheiner

On New Year’s Eve, a 22 year old student was punched in the face by a bouncer, which led to a cracked skull and 3 months in a coma.  The owners of the now defunct Cameo night club on South Beach have paid a $5 million settlement, the maximum limits of their insurance coverage.  The victim’s father, who filed the lawsuit on his behalf has since had to help his son learn to walk, talk and perform other daily routines due to his injury.  The Court ruled that the club was ultimately responsible for the patron’s safety.  Under the principle of respondeat superior, employers are responsible for the action of their employees.  The bouncer has since been charged with felony battery.


Slip-and-Fall Injury Verdict in Negligence involving “Mode of Operation” – By Dean Freeman

One of the most difficult aspects of a slip and fall case, is proving that the defendant had actual or constructive knowledge of a potential hazard.  This is required by Florida Statute § 768.0755 and is the primary component of any premise liability suit.  One was to prove constructive knowledge is to establish that the defendant had a particular “mode of operation” that clearly created an environment which made the hazard foreseeable, and in turn, preventable.  Examples of this are self-serve drink fountains, which could regularly cause wet floors around the station or retailers who arrange their clothing racks close together, creating a potential trip and fall hazard.  Victims of premise negligence and liability accidents, should take pictures of their clothing and the area around the accident to establish evidence of potential “mode of operation” claim.


Gun Store Held Responsible – by Matthew Dolman

In Wisconsin, a gun store was held liable in a case where they failed to adequately prevent an illegal firearm sale to a person under the age of 21.  In 2009, an 18 year old male used a handgun to shoot two Milwaukee police officers after they stopped him on his bicycle.  The perpetrator bought the handgun from a gun store by paying a “straw man” to accompany him during the purchase.  During the purchase, both the 18 year old and the “straw man” verbally discussed who would be the owner of the firearm, which should have aroused reasonable suspicion to the sales clerk.  Since the incident, both the shooter and his “straw man” have received prison sentences in their roles in the crime.  The gun store has since been linked to over 500 firearms used in various crimes ranging from armed robbery to murder.  The gun store owner has since surrendered his firearms sales license to the federal Bureau of Alcohol, Tobacco and Firearms rather than pursue costly litigation to retain it.


A Quick Look At How Settlement Amounts Are Usually Determined – Bernard F Walsh

In Florida, if you have been injured in an accident and are determined that the other party is liable, you may be able to seek compensation for Medical Bills, Lost Wages, Pain & Suffering, and in some cases, punitive damages.  Many cases can be settled out of court, but others may require months or longer to be determined.  During the process, you may need continued medical attention, be out of work, or suffer immense stress caused by your accident.


Florida Leads The Country in Pedestrian Injuries – By Lynette Monem

Florida ranks 3rd highest in pedestrian fatalities nationwide.  Orlando tops the list of most deadly US cities for pedestrian accidents, Tampa ranks #2 and Jacksonville comes in at a close 3rd most deadly in the United States.  Many factors are to blame, increased cellphone usage while driving, heavy pedestrian traffic in large tourist destinations, perfect Florida weather makes walking, biking and running popular activities.  It is important to be vigilant as a pedestrian and motorist, especially in dense urban areas.  Florida law requires operators of motor vehicles to stop at all pedestrian crossings, regardless of the traffic signal.  Children are especially vulnerable.  Observe posted speed limits in residential areas and around parks where children are likely to play.  Attention to your surroundings may be the difference that saves a life.


Gainesville Personal Injury Attorneys – Massey & Duffy, PLLC

Whether you have been involved in a Slip & Fall, Premise Negligence, Auto Accident or other personal injury accident, the attorneys at Massey & Duffy are here to serve you.  Our firm has represented clients for the last 17 years against major retailers, insurance companies, private businesses, and government entities.  We will help you navigate through your medical treatment, insurance claim and settlement negotiations.  If you have been injured, Florida law may limit the amount of time you have to seek medical attention and file a claim.  Please do not delay and Call Us Today at (352) 505-8900 for your Free Consultation.