Settling a Personal Injury Claim vs. Filing a Lawsuit

Jason B. Goldman • December 21, 2022

 

Many potential clients are hesitant to proceed with an automobile accident injury claim against the at-fault driver because they believe it will require the filing of a lawsuit that will ultimately end up in a trial.  This is absolutely not the case.  In fact, most automobile accident injury claims are resolved with insurance carriers through negotiation before any lawsuit is filed.  While every case is different, if a fair, negotiated settlement is reached with an insurance carrier prior to filing a lawsuit, the claim can be resolved voluntarily without the assistance of the courts.

 

Oftentimes, adjusters for insurance carriers contact injured victims quickly after an accident to try and settle their claims fast and inexpensively, before an injured party has even had a chance to speak to an experienced personal injury attorney.  We can cite countless examples of clients seeking our assistance after having already settled their injury claim directly with an insurance adjuster for a nominal amount. Unfortunately, after a claim has been settled by an injured party directly with an insurance adjuster, it cannot be “unsettled”.  Always keep in mind an insurance adjuster’s job is to settle an injury claim for as little as possible, which benefits his/her employer – not you.  Opposing insurance adjusters have no duty or obligation to negotiate with you fairly, or otherwise “do the right thing” by you.  On the contrary, the only job of a highly skilled personal injury attorney is to protect you and your family’s interests.

The more serious your injuries, the more important it is to have an experienced personal injury attorney by your side.  The fair value for injury claims involving serious injuries (broken bones, surgeries, permanent scarring), extended hospitalizations and medical care, and substantial lost wages far exceeds what an insurance adjuster will offer you at the outset of an automobile accident injury claim.  The larger your claim, it is imperative to contact an experienced personal injury attorney to protect your interests.

While most injury claims can be settled before the filing of a lawsuit, this is not always the case.  If insurance carriers will not agree to compensate our clients with an appropriate settlement amount, we request permission from our clients to file an appropriate lawsuit at that time.  Ultimately, the filing of a lawsuit is the decision of our client, based on our legal advice.  We cannot (and would not) force a client to settle a case, nor can (or would) we force a client to file a lawsuit.  The final decision to settle a case or file a lawsuit rests exclusively with our clients.

Even if a lawsuit is filed, most filed cases are resolved at some point before an actual trial occurs.  Settlement negotiations usually continue between your attorney and the insurance company’s hired attorney after a lawsuit is filed.  Also, during the litigation process a judge will order the parties to mediation – another effort to see if a compromise is possible that will settle your injury claim without the need for trial.

We understand that not a single client wants to have a trial.  The process is long, costly, and stressful.  So, our approach with insurance carriers is simple:  We inundate insurance adjusters with irrefutable documentation regarding your claim early and often, with the help of your medical professionals, so that when the time comes to discuss settling your claim, the opposing insurance adjuster sees that your claim is strong and therefore worthy of substantial compensation.  When it comes to your personal injury claim, we follow the common sports analogy:  the best defense is a good offense.

Please call us for a FREE CONSULTATION at 941.625.6666.  On personal injury claims, we do not receive a fee unless we win your claim and recover funds for you.  At no time will you be asked to pay a retainer, or otherwise come out-of-pocket for any money associated with your claim.  We only recover our fees and costs is we recover for you!

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What To Do If You Hit a Parked Car in Charlotte County

By Jason B. Goldman • April 9, 2025
Accidents can happen in the blink of an eye—even when no one else is around. If you’ve accidentally hit a parked car, whether in a busy grocery store lot or a quiet street in Charlotte County, it’s important to stay calm, take responsibility, and follow the proper legal steps. 1. Stop Immediately Florida law is clear: leaving the scene of any accident involving property damage—even if the vehicle was unoccupied—is a crime. Pull over safely and remain at the scene. Leaving without following the proper steps could result in a misdemeanor charge. 2. Make a Reasonable Effort to Locate the Owner If the owner of the parked car is nearby, wait and exchange contact and insurance information. If you’re in a business parking lot, you may ask inside to see if they can make an announcement. If you’re unable to find the owner, don’t panic—there’s a legal alternative. 3. Leave a Written Note Florida law requires that you leave a note in a visible spot on the damaged vehicle. Include your name, address, phone number, your auto insurance policy number, and a brief explanation of the accident. Be brief, honest, and straightforward. This shows good faith and helps prevent the situation from escalating into legal trouble later. 4. Report the Incident If the damage is significant or you’re unsure about the extent, contact the Charlotte County Sheriff’s Office or local law enforcement to file a report. Many insurance companies also require an official report for claims involving property damage. 5. Document the Scene Take photos of the damage to both vehicles, the location, and any contributing factors (such as obstructions or narrow parking spaces). This documentation will be valuable if questions arise from the other party or your insurer. 6. Notify Your Insurance Company It’s best to be proactive. Even if the other vehicle’s owner hasn’t contacted you yet, inform your insurance provider of the incident. They can walk you through the claims process and help assess any potential liability. Protecting Yourself Legally Accidents involving parked cars might seem minor, but they can quickly turn into legal headaches if not handled properly. In Charlotte County and throughout Florida, taking the right steps after a minor accident can protect you from costly penalties and keep the situation civil. Have Questions? We're Here to Help. At Goldman, Tiseo & Sturges, P.A. , we understand that even the smallest incidents can carry serious consequences. If you’ve been involved in an accident—or if someone damaged your parked car and left the scene—our experienced legal team is here to guide you. We proudly serve clients throughout Charlotte County and are committed to protecting your rights.  Contact us today for a consultation. (941) 625-6666

Understanding Premises Liability in Florida

By Jason B. Goldman • April 9, 2025
In Florida, property owners, including grocery stores, are legally obligated to maintain safe premises for their patrons. This duty falls under the concept of premises liability, which holds property owners accountable for accidents resulting from unsafe conditions on their property. ​ Common Causes of Grocery Store Slip and Fall Accidents Several factors can contribute to slip and fall incidents in grocery stores: Wet Floors: Spills, recent mopping, or water tracked in from outside can create slippery surfaces Obstructed Aisles: Items left in walkways or cluttered aisles can pose tripping hazards.​ Poor Lighting: Inadequate lighting may prevent customers from noticing potential dangers. Uneven Surfaces: Mats that are not properly secured or abrupt changes in floor levels can lead to falls. Establishing Negligence To hold a grocery store liable for a slip and fall injury, you must prove that the store was negligent. This involves demonstrating that:​ Duty of Care: The store had a responsibility to ensure a safe environment for its customers.​ Breach of Duty: The store failed to address or warn about a hazardous condition.​ Causation: This failure directly resulted in your accident and subsequent injuries.​ Damages: You suffered actual damages, such as medical expenses or lost wages, due to the injury.​ Steps to Take After a Slip and Fall Incident If you experience a slip and fall in a grocery store, consider the following actions: Seek Medical Attention: Your health is the top priority. Ensure you receive appropriate medical care.​ Report the Incident: Inform the store management about the accident and ensure it's documented.​ Gather Evidence: Take photographs of the hazard, your injuries, and collect contact information from any witnesses.​ Consult a Personal Injury Attorney: An experienced attorney can guide you through the legal process and help determine the viability of your claim.​ How Goldman, Tiseo & Sturges Can Assist At Goldman, Tiseo & Sturges, P.A., we understand the complexities of premises liability cases. Our dedicated team is committed to advocating for your rights and ensuring you receive the compensation you deserve. If you've been injured in a slip and fall accident, contact us for a consultation to discuss your case and explore your legal options.

What to Do After a Hit-and-Run Accident in Charlotte County, Florida

By Jason B. Goldman • March 10, 2025
A hit-and-run accident can be a terrifying experience, leaving victims injured and unsure of their next steps. In Charlotte County, where thousands of these incidents occur each year, knowing how to respond can make all the difference in protecting your rights and securing the compensation you deserve. Immediate Steps to Take After a Hit-and-Run If you’ve been the victim of a hit-and-run accident, taking the right actions is crucial for your safety and legal case: Ensure Your Safety – If possible, move to a safe location and check yourself and any passengers for injuries. Call 911 – Reporting the accident to law enforcement is essential. A police report will serve as vital evidence in your case. Gather Information – Take note of anything you can remember about the fleeing vehicle, including its make, model, color, license plate (if visible), and direction of travel. Document the Scene – Capture photos of your vehicle, the surrounding area, and any damages or injuries. Look for Witnesses – If anyone saw the accident, get their contact information. Their testimony may help law enforcement track down the driver. Seek Medical Attention – Even if you feel fine, some injuries may not be immediately apparent. Seeing a doctor helps document your condition for any future claims. Notify Your Insurance Company – Florida law requires drivers to carry Personal Injury Protection (PIP) insurance, which may cover some of your medical expenses. However, navigating insurance claims can be complex, so proceed with caution. Consult a Personal Injury Attorney – An experienced attorney can help you explore all legal options, including uninsured motorist coverage or pursuing other avenues for compensation. Understanding Charlotte County Hit-and-Run Laws Under Florida law, leaving the scene of an accident is a serious offense. If the driver is identified, they may face criminal charges, including fines, license suspension, and even imprisonment. Victims of hit-and-run accidents in Charlotte County have legal options, but proving fault and securing fair compensation requires strategic legal guidance. How GTS Law Firm Can Help At GTS Law Firm, we understand the complexities of hit-and-run cases and are committed to fighting for the rights of accident victims in Charlotte County. Our team will investigate your case, gather evidence, and advocate for the compensation you deserve for medical expenses, lost wages, and pain and suffering. If you or a loved one has been injured in a hit-and-run accident in Charlotte County, don’t navigate the legal process alone. Contact GTS Law Firm today for a consultation and let us help you secure justice. (941) 625-6666

Recreational Vehicle Accidents in Florida: Understanding Your Legal Rights

By Jason B. Goldman • March 10, 2025
Florida’s beautiful landscapes and year-round sunshine make it an ideal destination for recreational vehicle (RV) enthusiasts. Whether you’re driving an RV, riding an ATV, or operating a personal watercraft, these activities come with risks. When accidents happen, understanding your legal rights is crucial to ensuring you receive the compensation and support you deserve. Common Causes of Recreational Vehicle Accidents Recreational vehicle accidents can occur for a variety of reasons, including:  Driver Negligence – Speeding, distracted driving, or operating a vehicle under the influence significantly increases the risk of an accident. Lack of Proper Training – Many recreational vehicles require specialized knowledge to operate safely. Inexperience can lead to serious crashes. Mechanical Failures – Poor maintenance or defective parts may contribute to accidents, making manufacturers or rental companies potentially liable. Dangerous Road or Waterway Conditions – Unmaintained roads, unexpected debris, or hazardous weather conditions can create dangerous situations for recreational vehicle operators. Who is Liable in a Recreational Vehicle Accident? Determining liability in a recreational vehicle accident depends on the circumstances surrounding the crash. Possible responsible parties may include: The Operator – If reckless or negligent behavior caused the accident, the driver may be held liable. The Vehicle Manufacturer – If a defect or mechanical failure contributed to the accident, the manufacturer could be responsible. A Rental Company – If the RV or recreational vehicle was not properly maintained, the rental company may be at fault. Another Negligent Party – Other motorists, property owners, or even local municipalities may bear responsibility if their actions contributed to the accident. Steps to Take After a Recreational Vehicle Accident If you or a loved one has been involved in a recreational vehicle accident, taking the right steps can protect your legal rights: Seek Medical Attention – Your health and safety come first. Even if injuries seem minor, getting checked by a medical professional is crucial. Document the Accident – Take photos of the scene, the vehicle(s) involved, and any visible injuries. Collect contact information from witnesses. Report the Incident – Notify the appropriate authorities, such as law enforcement or park officials, depending on where the accident occurred. Avoid Speaking with Insurance Adjusters Alone – Insurance companies may try to minimize your claim. Consult an attorney before providing statements. Contact a Personal Injury Attorney – An experienced lawyer can help assess your case, determine liability, and pursue the compensation you deserve. How GTS Law Firm Can Help At GTS Law Firm, we understand the complexities of recreational vehicle accident claims. Our team is dedicated to advocating for victims and ensuring they receive the financial support necessary for medical bills, lost wages, and pain and suffering. If you or a loved one has been injured in a recreational vehicle accident, don’t navigate the legal process alone. Contact GTS Law Firm today for a consultation and let us help you protect your rights. (941) 625-6666