Insurance Companies Stacked The Deck Against Florida Accident Victims.
That's a strong statement but thanks to the lobbying efforts by the insurance industry, the Florida legislature has become increasingly hostile to claimants and more friendly towards insurance providers.
One measure in particular, Florida statute 627.4136, known as the non-joinder statue has had a negative impact for those injured in auto accidents that have filed suite to pursue fair compensation.
In a nutshell, the non-joinder statute basically hides the insurance company's name and involvement during the trial. In other words members of the jury will be kept from any knowledge of the at-fault driver's insurance situation.
Well, so what? What does that matter if the jury is unaware that the driver that caused the injuries has any insurance? Turns out it matters a great deal. Especially if your the one who has been injured.
If a jury has been given the task of awarding compensation for life-altering injuries and they have been given the impression the defendant has no insurance, the jury will certainly award a much smaller amount to the injured party. Even when the insurance company is clearly not providing adequate compensation for loss of income, medical bills, pain and suffering.
But why would a jury of the plaintiff's peers award less if they are unaware of the at-fault drivers insurance company?
Simple. Because the jury will tend to award an amount they feel the defendant can actually afford to pay from their own pocket!
That means they are not basing their decision on how much to compensate someone who may have suffered horrific injuries on what they SHOULD be paid. Instead they are basing the decision on what they think the at-fault driver can AFFORD to pay. The difference is staggering and can ruin lives.
Juries do this because they think it will increase the odds the defendant will actually receive the compensation they are awarded in future. What jurors do not know, is that it is the defendant's INSURANCE COMPANY who has actually hired the attorney representing the at-fault driver, and that the defendant's insurance company has the funds to properly fulfill their obligations and compensate the Car accident victim for their Medical bills and other expenses that may continue to affect that person for the rest of their life.
This is a boon to the insurance industry already wallowing in record profits by other shameful practices like delaying fair compensation then offering a much lower number.
If you have been injured in an auto or motorcycle accident it is essential to get representation by an experienced law firm that has the resources to take your case to trial. The lawyers that work for the insurance companies are skilled in delaying and pushing back any trial or settlement date and amount for months or even years. To get a fair shot at the compensation you need and deserve for your injuries you need a determined and skilled lawyer on your side.
Get Justice for your Injuries. Get Goldman Babboni & Walsh, Personal Injury Lawyers