7-secrets-latest - coffey trial law ·...
TRANSCRIPT
0
1
All Rights Reserved
Copyright © 2006 -‐ 2016 – Coffey Trial Law
Warning: The contents of this document are for personal use only. You may not reproduce, resell and/or redistribute these trade secrets and intellectual property.
2
Disclaimer/Privacy Policy
This publication is written by Sam Coffey, Esq., who is a civil trial lawyer who practices at Coffey Trial Law in Fort Lauderdale, Florida.
This book is based upon Florida law which is the jurisdiction where Coffey Trial Law practices in both state and Federal court primarily. Laws change frequently and may have changed since this book was authored, therefore Sam Coffey and Coffey Trial Law cannot warrant that all representations are correct. This book is not a substitute for a legal consultation with an attorney who can focus upon the specific facts of your case and updates in the law to provide you sound advice.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you select an attorney you should do your homework and ask the lawyer to provide you information about their education, qualifications and experience particular to your case. You likely received this publication through our website. The transmission of unsolicited email communication by you to us does not create an attorney-‐client relationship between you and this law firm. Any past results referenced in our website refer to the gross recovery before the payment of either a 40% or 33.33% contingency fee plus costs and these results may not be typical of the potential result in your case. Our website is designed for general informational purposes only. The information presented should not be construed as legal advice specific to your situation. If you need legal advice, then you should contact an attorney for a consultation.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you select an attorney, you should do your homework and ask the lawyer to provide you information about their education, qualifications, and experience particular to your case.
Privacy Policy
Coffey Trial Law respects your privacy and will not share your personal information with anyone.
3
Biography
Sam Coffey, Esq. is a trial lawyer devoted to representing individuals and their families who have been injured by the carelessness of others. He focuses his practice on handling a small number of serious injury cases involving traumatic brain injury (TBI), spinal cord injury (SCI), wrongful death or serious personal injury. These cases usually involve a harmful or defective product, a dangerous drug, a drunk driver or serious car accident, an airplane crash, or another type of dangerous condition. Sam Coffey also works extensively in areas relating to consumer fraud and business disputes. Sam Coffey prides himself on professionalism and pro bono work. He is a member of the American Board of Trial Advocates (ABOTA), a national organization of plaintiff and defense trial lawyers and judges with considerable trial experience who have been peer-‐selected for inclusion in this organization based upon professionalism standards. Awards and Peer Recognition The Broward County Bar Association honored Sam Coffey with the Joseph C. Carter Professionalism Award in 2013, an award annually presented to one lawyer who has exemplified the highest ideals of professionalism in law practice and in life. Sam Coffey has lectured nationally on the issue of traumatic brain injury and spinal cord injury to lawyers, industry leaders, insurance company executives, and judges. Sam Coffey is AV-‐rated by Martindale-‐Hubbell and is included in the Bar Register of Preeminent Lawyers. He has been recognized by his peers for his inclusion in Super Peer recognized as a Super Lawyer and AV Rated by Martindale Hubbell. This honor is bestowed upon the top 5% of attorneys practicing law in the local community. Sam Coffey has considerable jury trial experience. Bar Admissions The Florida Bar, 1996 U.S. District Court, Southern District of Florida, 1996 U.S. District Court, Middle District of Florida, 2005
Education University of Miami, 1995, J.D. University of New Haven, 1991, B.A.
4
Auto & Truck Crashes
7 Secrets Victims Should Know to Protect Their Rights
Introduction
Automobile and truck crashes happen around us every day. During the last twenty years we have helped many people and families that have been involved in all types of crashes from minor to life altering. We treat every client’s case as if it were our own. We understand that when you are in an accident this is one of the most important things happening in your life at that time and many of these accidents can affect the people involved for the rest of their life. Accidents can be stressful. You probably need to go to one or more medical doctors or hospitals to find out about your injuries and you may get medical bills that you cannot afford to pay. Just choosing the right doctor can be very confusing. You are probably in a lot of pain that is going to make you irritable, restless and may make it difficult to get a good night’s sleep. Insurance companies probably want to take a recorded statement. Your car probably needs to get repaired and you may have to pay a deductible that you cannot afford just to get your car back on the road. Many of our clients end up missing time at work because of their injuries and the need to go to doctor’s appointments. We tell our clients that they need to focus on their health and we will get to work to take care of all the other details.
This book is written to give you a roadmap if you are ever in an accident. We hope that the advice in this book is helpful to you, but a face to face consultation with a lawyer that focuses their practice on the type of case that you want to pursue is very important. Before you pick a lawyer you should do your homework and find out about their experience and track record. This book and our website will tell you about our practice. We share the information in this book with you to protect you in the future if you are ever in another accident and to help you choose the right lawyer for you if you are in the process of trying to find the right lawyer for an accident. We offer sound legal advice and never charge you a penny unless we get money for you.
5
You have now taken the first step to educate yourself about your rights in the event that you or a loved one is injured or killed in a car or truck accident. The knowledge that you will gain through this publication will be invaluable to better understanding your rights and what you are fully entitled to in the event that you are ever in an accident. This book can help you win your case. The Basics: A car accident might be a small intrusion on your life or cause a massive life altering experience. Knowing the laws which might affect your rights in a car accident will help you to promptly deal with the situation and place the incident behind you.
This eBook offers details you might use to determine whether you require legal help. Most insurance providers apply standard rules to every claim they receive. Unfortunately, a few might attempt to take advantage of your inexperience within the process of handling your claim. Hopefully, the details offered will allow you to resolve the claim with as little effort as possible, and as rapidly as the system allows.
What to do When You’re in a Car Accident Summon the police immediately. Additionally, ask an ambulance if anyone is injured. If you’re incapacitated by the injuries, make certain your spouse or additional family member or lawyer is notified of the incident so that somebody might obtain the details set forth below.
It's All About Insurance
The most important thing to do when involved in an accident, to ensure that you will be covered by insurance if a valid policy exists, is to obtain vital information from the other parties. After a car accident we suggest that you do the following:
Do: • Stop immediately, yet safely • Immediately call the police
6
• Make certain you get the address, name, phone number, license number, insurance information, and registration number from all other individuals involved within the accident
• Obtain the address, name, and number of every witness to the accident • Immediately notify your insurance provider, yet don’t offer a recorded statement until
first speaking to an attorney • Protect your legal rights, and immediately obtain legal counsel if you’ve been injured
Don’t: • Leave the scene of the accident; wait for the ambulance and police to arrive. If you
believe that you’re injured, you should get an examination as soon as you can • Admit fault • Act on the belief that you aren’t injured until a reasonable amount of time has passed
since the wreck. (Injuries often don’t surface until several weeks or days, after the accident).
Take Notes:
You should always carry a paper and pen in the glove box so you can record the following information from every party:
• Address • Name • Home and work numbers • Driver’s license number • Make of vehicle and tag number • Car insurance information, which includes the name of your insurance provider, your
policy number, and expiration date.
• Take plenty of pictures with your cellphone. This should include the scene, the vehicles and anything else that looks important.
In the Appendix to this book there is a diagram that you can keep in your glove box to record valuable information if you are in an accident.
Draw a diagram of the accident scene. Do not trust this to memory. If it is not dangerous, then try to step off of the distance of every skid mark and include that in the drawing. Make an estimation of the speed of every car upon impact. Note how every vehicle became involved, as well as its location after the wreck. Talk with witnesses, and get their telephone number, address, and name. Ask what they saw, and then supplement the notes with their recollection. If the authorities are summoned, most of these details are going to be reflected inside the formal report she or he prepares regarding the accident. You ought to refrain from talking about the way in which the wreck occurred.
7
Be careful what’s said. Comments that are charged by emotion might be misquoted or misunderstood by other individuals.
You should, of course, accept no fault as it might be unclear during that time who, if anyone, is responsible. Even though you might feel sorry for what happened, you might not be legally accountable for the accident. Therefore, you should withhold your statements at this time, and wait for the authorities to arrive. When they do, fully cooperate with the investigation. They probably will ask for a statement and you ought to comply. If your memory isn’t clear because of the trauma and excitement of the collision, be certain to discuss this with the officer. It’s important for the officer to understand that you might miss small or seemingly unimportant information because of your emotional state.
Because he or she has to investigate the incident, leave your automobile where it is without having to obstruct traffic more than necessary. If your vehicle is blocking traffic and it can be moved safely then move it after you take pictures of the vehicles as they existed. This may be some of the most important evidence in proving who is at fault for an accident.
Hopefully, substantial injury won’t result from the collision. However, should it happen, care will be offered at the scene by emergency personnel. You then will be transferred to the hospital for instant follow-‐up care. Many counties inside Florida have public community hospitals. Those centers offer services irrespective of your capability of paying or presence of insurance coverage. All vehicles are required to carry at least $10,000.00 worth of personal injury protection benefits to pay your medical bills and lost wages if you are hurt in an accident. Immediate symptoms such as headache, neck pain, shooting pain into shoulders or arms or legs, numbness or weakness may indicate a serious spinal injury to your neck or your back.
Many times, a real physical injury may not cause immediate pain because you may be in shock. You might’ve experienced an injury, which will cause delayed symptoms. This onset of pain might happen up to 24 hours after some severe neck injuries. A few accident victims opt to ignore the pain as they treat it using over-‐the-‐counter pain medicine. You might be so anxious or concerned
with other issues associated with the collision that a lingering physical pain will go unnoticed.
8
A family member or friend might’ve told you that the discomfort will subside in time. Be aware that all different or new feelings might be a sign of a severe medical issue. Make sure that you go to a doctor as soon as you can to obtain medical care.
We highly recommend that you allow an attorney to speak to your insurance company for you after the initial call to protect your rights. Do not give a recorded statement to any insurance company until you have talked to a lawyer. The insurer may try to use your own words against you years down the road. Immediately contact your insurance company. Delay in doing so may leave you without coverage.
Figuring Out Who Is at Fault May Not Be That Simple
Your investigating officer might’ve ticketed one of the parties at the sight of the accident. Generally, it’s a sign that a certain law was broken; however, doesn’t necessarily establish who was the cause of the accident. The police report sometimes will uncover which motorist, in the investigator’s opinion, ought to be held responsible for the incident. Sometimes the police get it wrong, because they have incomplete information or they
do not consider everything that your attorney would consider because they are not lawyers. Coffey Trial Law offers a free insurance policy review. Call us today.
If no one was given a ticket, or you want to clarify who might be at fault, it’s possible to consult the Florida Statute which concerns operation of an automobile. A list of Florida motor vehicle statutes is contained in the Appendix to this book. The complete statues can be found on the internet at http://www.leg.state.fl.us/statutes/. You can search Florida statute 316 for motor vehicle laws that may affect your case.
9
Who May Be Sued? 1. The other motorist 2. The other motorist’s employer if he or she was in a role of employee during the
time of the incident 3. The vehicle’s owner if he wasn’t the driver. However, you have to have the ability to
establish that the: a. Owner was a passenger during the time of the incident b. Motorist was acting as the owner’s agent during that time c. Owner should’ve known that the driver was inexperienced or reckless
4. Your own insurance company if you purchased uninsured motorist coverage.
Secret #1: Insurance companies are not your friends. They make record profits by taking in huge premiums and
minimizing the amount that they pay out when a claim is made. Insurance companies make money by scaring you, the consumer, into purchasing insurance to protect yourself and your love ones through fear tactics. Insurers prey upon one of our greatest fears, being seriously injured or killed in an accident. They tell us that they will be there to protect us when and if an accident occurs. They charge huge premiums and many insurers provide poor service overall. Some insurance companies are better than others, but every insurance company is in business to make money by maximizing premiums that they collect and minimizing payouts. Basically, insurance involves those who agree to share risks. It’s an old concept that began back when sailing ships were destroyed or they lost their cargoes. Merchants discovered that by dividing the cargoes amongst multiple boats, they protected themselves from complete financial ruin. This way, if one of them was destroyed, no merchant completely lost everything. Each stood to lose just a small amount.
When a claim is made an insurance company immediately assigns an adjuster, an investigator or a lawyer to determine who is at fault and the extent of the damages. The insurance company will examine every potential reason not to pay a claim or how they can minimize the payment of a claim based upon years of experience.
10
As you purchase insurance, you receive a policy. This policy is a legal agreement. It’ll spell out exactly what you’re purchasing; it’ll list what’s covered and what’s not. It allows you to know how much you have to pay (premium), as well as when it has to be paid. You must read the policy and attempt to understand it -‐-‐ even if it’s complicated. We suggest that rather than dealing with an insurance company that is going to protect its best interest that you hire a lawyer to make sure that your best interests are being protected. When a claim is made an insurance company immediately assigns an adjuster, an investigator or a lawyer to determine who is at fault and the extent of the damages. The insurance company will examine every potential reason not to pay a claim or how they can minimize the payment of a claim based upon years of experience. As explained below the hiring of a lawyer can have a dramatic effect upon how much money is paid or collected in the event of a claim. Since every insurance company immediately gets a legal team involved after an accident you should too to protect your legal rights. Acting fast allows your team to get to work for you while probably cannot do it yourself because you are injured. Your team can talk to witnesses and the police; gather evidence; photograph the scene of the accident and the cars involved; retain expert witnesses and help you get to the best doctor to help you get better fast. Sometimes insurance disputes arise when an insurer suspects that fraud has occurred and they may deny a claim based upon alleged fraud or another coverage defense. These are legal issues that are very complicated and you give the insurance company a huge advantage if you do not hire a lawyer early.
Secret #2: Hiring the right lawyer early will make all of the
difference in protecting your rights.
Simply stated, the hiring of the right attorney that has experience in the area of law that applies to your case may make or break your case. We have seen more cases where other lawyers have messed up a person’s case than we care to count. Every week we hear from people that have been given bad legal advice or they have a lawyer that made a bad decision or has not kept the client in the loop. Sound familiar?
11
At Coffey Trial Law we only handle a small number of complex claims at any given time. It pays to speak with a lawyer that has real courtroom trial experience because experience makes all the difference for you and for your family.
Have you ever seen the attorney advertising for their services of television or radio ads for legal services? Have you ever wondered if a lawyer that you hear on the television or the radio or see on a city bus, a billboard or the top of a taxi actually handles the cases that he advertises for or even knows how to get to the courthouse? Large advertising attorneys make their money by casting a wide net and taking of every case that they can and having oftentimes inexperienced lawyers handle a giant number of cases with very little oversight. These junior lawyers have little or no experience filing and handling lawsuits because they are not properly trained and most likely have never made it to the court for trial of a personal injury case.
The job of these junior lawyers is to resolve the cases as fast as possible to make a profit for their boss, the guy on television. They do this by referring people like you to doctors that they do a ton of business with month-‐in and month-‐out, year-‐in and year-‐out. These doctors and chiropractors often refuse to accept your health insurance, but will offer you a letter of protection whereby you were charged an exorbitant fee for medical services that will only cost you more money end of your case. This is not to say that letters for protection are always bad. Many times people that do not have health insurance have no other way of getting treated other than through a letter protection. Other times, an inferior health insurance company will not authorize necessary medical treatment for a certain medical procedure and therefore patient may need to go to a doctor through a letter protection in order to receive necessary medical care. However, a lawyer has an obligation to inform their clients of the risk and benefit of a letter of protection before their client begins treatment through a letter protection because that will always affect the clients bottom line at the end of the case. Many lawyers never tell you this, but they should in our opinion.
12
The Coffey Trial Law Difference
At Coffey Trial Law we offer sound legal advice, hard work, strategic planning, and the retention of top-‐notch expert witnesses to prove your case beyond a reasonable doubt. We are not the biggest law firm in Florida, but our lawyers have big law experience that we put to use every day for people just like you. In this way, we level the playing field for individuals who have suffered injuries due to negligence, misconduct or intentional wrongdoing.
Injury claims we handle include auto accidents, including motorcycle accidents; trucking accidents; catastrophic injuries, including brain injury and spinal cord injury; defective products; defective and dangerous drugs; premises liability claims, including negligent security; and wrongful death.
What are we able to do for you? We:
• Assist you in finding a physician who is trained with treating patients who have injuries such as yours
• Assist you in getting your vehicle fixed • Interview and retrieve statements from all
accident witnesses • Study the law which applies to your legal case • Preserve the proof of your damages in such
a way that is admissible in court if needed to go forward with a trial
• Advise you as to your claim’s value through the researching of verdicts and settlements of additional cases like yours
• Prepare a convincing and detailed settlement brochure that can be presented to the insurance provider to receive a fair settlement of the claim
• Take the case to trial if needed to receive fair compensation for you
We are not the biggest law firm in Florida, but our lawyers have big law experience that we put to use every day for people just like you. In this way, we level the playing field for individuals who have suffered injuries due to negligence, misconduct or intentional wrongdoing.
13
All this is performed at no upfront charge. We only get paid if we collect funds for you.
Secret #3: Automobile and truck accidents are very complicated and in order to maximize your recovery from all potentially responsible
parties, you cannot represent yourself.
Common Car Accidents Practically every car accident that isn’t caused by equipment failure may be avoided if motorists exercise ordinary and reasonable care and factor in driving conditions. Here are a few of the more common car accident causes:
• Driving while under the influence of alcohol or drugs • Speeding • Cutting in and out of traffic/reckless driving • Ignoring conditions in the road • Texting when driving/talking on a cell phone • Not paying attention • Not mechanically maintaining vehicle
Common Truck Accident Causes Truck drivers are classified as “professional drivers;” therefore, they ought to be held to a greater standard than the ordinary driver. In spite of this label of being an expert, the safety record within the United States trucking sector is abysmal. Here are common serious trucking accident causes:
• Stopping distance • Jackknifing • Blind spots • Turning accidents because of wide turns • Driver error • Equipment failures • Substance use • Driver fatigue • Over-‐weight trucks • Defective equipment • Failure to have proper maintenance • Overloaded trucks • Unsafe operation of truck
14
• Failure to have proper inspection
Most people don’t realize that they’re able to sue the truck driver and her or his company after they’re injured in a truck collision inside Florida. All trucks that drive the roads of Florida must have insurance for this reason. It’s unlikely that any victim who is involved in a trucking accident is going to walk away uninjured.
Most truck companies have their own staff of investigators who get to the scene of the accident within minutes so they’re able to start planning their defense.
Secret #4: It’s often all about the damages that you can prove.
The damages that may be recoverable need to be proven often through hiring expert witnesses, creating animations and visual evidence and through the testimony of your doctors.
If you’re involved in an auto accident, many individuals are concerned about how much the collision is going to cost them and who’s responsible. Here’s a list of costs usually covered by the responsible individual:
• Medical costs: Physicians’ visits, hospital expenses, emergency room treatment, physical therapy, and medical devices.1
• Future medical costs: They’re recoverable if the injured individual is able to show that he’s likely to require continuous medical care as a consequence of the wreck because of a permanent injury.2 The quantity might be decided by the opinions of physicians and
1 Florida Standard Jury Instruction 501.2 states, in part, “The reasonable expense of hospitalization and medical care and treatment necessarily or reasonably obtained in the past, or to be so obtained in the future. Any bodily injury and any resulting pain and suffering, disability or physical impairment, mental anguish, inconvenience or loss of capacity for the enjoyment of life experienced in the past or to be experienced in the future. There is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence.” 2 Florida Standard Jury Instruction 501.3 states, in part, “You must decide whether the Plaintiff’s injury resulting from the incident in this case, is permanent. An injury is permanent if it, in whole or in part, consists of:
15
additional medical professionals. • Pain & suffering: Such damages might be awarded for the mental and physical pain that
resulted from the collision. The jury is going to look at the nature of your injury, the pain’s severity, as well as how long the individual is likely to suffer within the future.
• Mental anguish: Such anguish includes fright, apprehension, nervousness, anxiety, humiliation, worry, shock, grief, and/or embarrassment. If a victim was disfigured by the incident, mental suffering almost always is recoverable.
• Lost wages: You might recover the quantity of funds you would’ve made between the time of the injury over to the time of the judgment were you not injured.
• Loss of earning ability: You might recover damages for loss of earning ability if you’re able to show that your capability of earning wages in the future was impaired.
• Loss of consortium: It’ll relate to the loss of the benefits as one spouse is killed or injured.
• Property damage: Recovery for value of property that was damaged.
The above factors account for the high amount of severe injuries and fatalities that result from an 18-‐ wheeler accident – even if it’s a single car accident. Florida reported over 3,000 deadly car accidents, according to the NHTSA in 2003. Over 475 of the ones involved big rigs. On a nationwide basis, in the U.S. there are around 5,000 individuals killed on our nation’s roads because of truck accidents each year. More than 150,000 individuals are injured in truck collisions every year: 1 in 4 passenger car fatalities in multiple-‐vehicle crashes include a big rig. Larger trucks are involved within several deadly car accidents two times as often as passenger cars. Obviously, because of their large weight and size, truck accidents usually are catastrophic, and result in serious personal injuries and death.
Accidents that involve large trucks often are more complex than car accidents, and the injuries often are more serious. Large truck drivers are responsible for properly maintaining their vehicles on the roadways, obeying all traffic laws, as well as respecting the space of additional cars. However, when errors are made, victims are financially and physically devastated.
Secret #5: According to studies published by the insurance industry, people who are Injured in an accident and hire a lawyer receive on
average 3.5 times as much compensation then people who are injured
1. A significant and permanent loss of an important bodily function. 2. A significant and permanent scarring or disfigurement. 3. An injury that the evidence shows is permanent to a reasonable degree of medical
probability.”
16
ry to represent themselves. Research Studies Show That Car Accident Victims That Hire a Lawyer Get Larger Settlements:
Attorney Representation Pays Off!
Do You Get a Higher Settlement (More Money) When You Hire an Attorney? Results of a 1999 study from the IRC (Insurance Research Council) imply that the determination to hire a lawyer pays substantial dividends for victims of accidents who pursue a car insurance claim. ‘Paying for Car Injuries,’ settlements for victims were 40% higher with legal representation than without it, according to a Consumer Panel Survey of Auto Accident Victims. We’ve witnessed a dramatic boost in the amount of individuals who hire a lawyer to deal with their insurance claims, as a result. The kind of services offered by lawyers for personal injury victims are listed below:
• Filing a lawsuit and/or a claim on behalf of a car accident victim • Negotiating a settlement with the at-‐fault motorist and/or their car insurance provider • Advising medical care, which includes specific chiropractor, physician, or clinic referrals
for recovering from injuries that are sustained within an accident. Other reasons for employing an attorney involve:
• Protecting your rights and getting advice • Insurance provider denying victim’s car accident claim • Victim being dissatisfied by the insurance provider’s settlement offer • Insurance provider appearing to deliberately delay the process of the settlement
Within a separate but related study from the IRC, scientists assessed how lawyer representation associated with compensation from insurance providers for injury victims. According to research, 85% of all the money paid out by insurance providers for bodily injury claims are paid
17
to those who’ve hired a lawyer to represent them. The IRC also discovered that insurance payouts, on average, are 3.5 times higher for those who hired a lawyer than for the ones without one. Check the table below for a list of the average payout of insurance for certain injuries, both without and with legal representation. One other study performed by ARAC (All Industry Research Advisory Council), explored the factors which made a victim of an accident more likely to employ a lawyer to handle her or his claim. The research discovered that victims who reported greater amounts of financial loss were more likely to employ legal counsel. Equally substantial was the discovery that claimants who employed a lawyer obtained a higher reimbursement per dollar rate of economic loss. For instance, in cases that involved between $5,000 -‐ $10,000 in economic loss – fairly low range as it’ll come to personal injury claims – those who employed a lawyer obtained $1.59 for every $1 of economic loss. That’s compared with a rate of $1.26 for every $1 of economic loss for those who didn’t hire legal counsel. Also, the ARAC report analyzed the relationship between the determination to hire a lawyer and client satisfaction after the settlement. Researchers discovered that over half of all claimants represented by a lawyer thought the compensation received was greater than what they might’ve had the ability to recover without employ legal representation. In addition, 60% of all claimants were content with the award or settlement recovered by their lawyer and 75% were content with the attorney’s overall performance.
Secret #6: Studies show that automobile and truck accidents now cost Americans over $76 Billion each year.
According to a 2015 revised study by the U.S. Department of Transportation, National Highway Traffic Safety Administration, nearly 24 million vehicles were damaged in motor vehicle accidents in 2010. While 23 percent of these accidents resulted in injuries to occupants and non-‐occupants of the vehicle, 77 percent, or 18.5 million of these vehicles, sustained property damage only with the total amount of property damages exceeding $76 billion.
Car and truck accidents are the most common kind of injury that you face every day of your life that you were on the road. Despite the epidemic of accidents the number fatalities and serious injuries is actually decreasing in red event years. This is, in part, because people now wear seatbelts, cars are more crash-‐worthy and fewer people are driving drunk because of changes in our laws.
Individuals from age 15 to 24 are more severely affected by auto accidents. Most vehicle
18
accident victims include the drivers, the passengers, pedestrians as well as lastly, the cyclists. These deaths and injuries leave victims and their families devastated and oftentimes not knowing where they should turn to next.
Resulting expenses after a car accident may be overwhelming: ongoing physical therapy, medical bills, property damage, and long-‐term injury care. However, with assistance, these costs do not need to be financially damaging. If you were in an accident which was not your fault, you might have the ability to recover extensive monetary damages. An excellent attorney diligently will break down the information regarding your case to show that you’re a victim of negligence. It’s our duty to show fault and request that the court provide you the funds your family requires to recover from the collision.
The majority of the funds paid out is paid by insurance providers so it’ll pay to get reputable legal advice from an attorney early.
Secret #7: Diminished value is the BIGGEST secret of the insurance industry and you may be entitled to recover a diminished value claim
which means more money to compensate you after an accident.
The insurance industry’s biggest secret is diminished vale. They will never tell you that you are entitled to make a claim for diminished value, but they will pay you diminished value if you ask them. Inherent diminution in value refers to the difference between the value of something like a car immediately before an accident and the residual value after vehicle damage from an accident it has been restored. Most late model vehicles lose value after they are restored because a buyer in the open market is not willing to pay as much for a vehicle that has previously been damaged and repaired. You may have been in this situation where you have operated of gone for a drive in a car that has been damaged and repaired. Although it looks pretty good on the outside there are times when you feel that something just wrong with the car despite an excellent job by a repair facility. This is the essence of diminished value.
Diminished value claims can mean more money in your pocket after a car crash if the other driver is at fault. If you have been in a car accident and the other driver
19
damages your car, then their insurance company should pay to repair your vehicle. However, once your vehicle is repaired it is worth far less than it was immediately before the accident. This is loss in value and you are entitled to money if the other driver is at fault for the accident in addition to the cost of the repair for your vehicle.
Requirements for a Diminished Value Claim:
1. You do not lease the car. (This only applies to owned cars regardless of whether you have a loan). 2. You did not cause the accident. 3. The car is less than 5 years old. 4. The other driver has insurance to pay for property damage. 5. Your car has not been in an accident before.
Today, Carfax reports document major damage to vehicles and buyers use these reports when they value your car and determine how much it is worth. This diminished value of your car is something that you are entitled to collect from the person that hit you and their insurance company in many cases. We can help you get the diminished value of your car or truck if you have been in an accident where you were not at fault and you own your car. In many instances we have recovered greater than $5000 for our clients that they otherwise did not know they were entitled to three diminished value claim.
We handle every diminished value claim on a pure contingency fee basis which means there is no fee or cost to you unless we get you a recovery. Best of all, our appraiser will come to you regardless of where you live in Florida to estimate the diminished value of your vehicle.
20
Conclusion
Car and truck accidents are the single greatest type of accident that causes more property damage and injury to people than any other type of accident. They are stressful, annoying and confusing – dealing with people from insurance companies, having to attend lots of medical appointments, getting your car repaired and missing time from work. You can feel like you’re trying to climb Mount Everest just to get back to your daily routine. Let us be your Sherpa and guide the way. Call the attorneys at Coffey Trial Law for your free consultation: www.coffeytriallaw.com (954) 541-‐3194.
21
Appendix
22