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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Valentine’s Day in Charlotte County: Staying Safe While Celebrating Love

By Jason B. Goldman • February 4, 2026
Valentine’s Day is a time to celebrate love, connection, and shared experiences. Whether it’s a romantic dinner, a night out, or a special event with friends, February 14 often brings an increase in travel, dining, and social gatherings throughout Charlotte County. While the focus is on celebration, Valentine’s Day also tends to bring a rise in accidents and injuries. Being aware of common risks can help you enjoy the holiday safely — and understand your options if something goes wrong. Increased Driving Means Increased Risk Valentine’s Day often means more drivers on the road, particularly during evening hours. Busy intersections, unfamiliar routes, and distracted driving can contribute to accidents. Common Valentine’s Day–related driving risks include: Rear-end collisions during peak dinner hours Distracted driving caused by phones or navigation apps Impaired driving following celebrations If you’re injured in a car accident, understanding your rights under Florida law is critical — especially when fault or insurance coverage is disputed. Dining Out and Premises Liability Concerns Restaurants, bars, and event venues are often packed on Valentine’s Day. Crowded spaces and rushed service can lead to hazards such as: Slippery floors Poor lighting Obstructed walkways Property owners have a duty to maintain reasonably safe premises. When injuries occur due to unsafe conditions, liability may rest with the business or property owner. Alcohol-Related Incidents Alcohol is commonly part of Valentine’s Day celebrations, which can increase the likelihood of: Drunk driving accidents Falls or injuries at venues Altercations resulting in injury Victims injured by an impaired driver or negligent party may have the right to pursue compensation for medical bills, lost wages, and other damages. Hotel and Short-Term Rental Injuries Many couples choose hotels or short-term rentals for Valentine’s Day getaways. These properties must meet safety standards, including: Secure railings and staircases Proper lighting Well-maintained amenities Injuries caused by unsafe conditions may fall under premises liability, depending on the circumstances. What to Do If You’re Injured on Valentine’s Day If an accident happens, taking the right steps can protect your health and your legal rights: Seek medical attention immediately Report the incident to the appropriate party Document the scene and gather witness information Avoid discussing fault before speaking with an attorney Protecting Your Rights Matters Valentine’s Day should be about making memories, not dealing with unexpected injuries. Unfortunately, accidents don’t take holidays off. When injuries occur due to someone else’s negligence, knowing your rights can make a meaningful difference in your recovery. If you or a loved one is injured in an accident this Valentine’s Day season, the attorneys at GTS Law Firm are here to help you understand your legal options and pursue the compensation you deserve.

Why Seasonal Resident Season in Charlotte County Makes Liability Awareness More Important Than Ever

By Jason B. Goldman • February 4, 2026
As 2026 approaches , many Charlotte County residents are thinking about fresh starts, new goals, and long-term planning. While updating calendars and resolutions is common this time of year, reviewing your homeowner’s liability coverage is an important step that often gets overlooked. Even in close-knit communities like ours, accidents can happen and without adequate coverage, a single incident could have lasting financial and legal consequences. Understanding Liability Coverage in Homeowners Insurance Most homeowners’ insurance policies include personal liability coverage designed to help protect you if someone is injured on your property or if you cause damage to someone else’s property. This may include coverage for medical expenses, legal defense costs, and potential settlements. However, many standard policies have limits that may not align with today’s rising medical costs, legal expenses, and settlement amounts, especially as we head into 2026. Why Standard Coverage May Not Be Enough in 2026 As lifestyles evolve and homes become more multifunctional, liability risks continue to grow. Some common scenarios include: Rising Medical Costs Injury-related medical expenses have increased steadily, and even a seemingly minor accident can result in bills that exceed basic policy limits. Increased Legal Exposure Lawsuits related to slip-and-fall accidents, guest injuries, or property conditions can quickly escalate. Legal defense costs alone may strain limited coverage. Pools, Docks, and Outdoor Living Spaces Charlotte County’s outdoor lifestyle often includes pools, docks, patios, and water features: all of which can increase liability exposure if someone is injured. Activity Beyond the Home Certain incidents that occur away from your property may not be fully covered under a standard homeowner’s policy, leaving gaps in protection. Additional Coverage Options to Consider To strengthen protection going into 2026, homeowners often explore: Umbrella Liability Policies These policies provide an extra layer of protection above standard limits, offering broader coverage at a relatively affordable cost. Expanded Coverage for Secondary or Rental Properties If you own a vacation home, rental property, or short-term rental, standard homeowners’ coverage may not apply — making supplemental liability coverage essential. Scheduled Coverage for High-Value Assets  Items such as collectibles, tools, or specialty equipment may require additional protection beyond standard policy limits. Why This Matters for Charlotte County Residents From waterfront properties and seasonal visitors to year-round outdoor activities, Charlotte County presents unique liability considerations. Preparing now allows homeowners to move into 2026 with confidence, knowing they are protected against unexpected claims. Planning Ahead for Peace of Mind Reviewing your liability coverage isn’t just about insurance — it’s about protecting your financial security and your future. Taking proactive steps today can help prevent legal and financial stress tomorrow. At GTS Law Firm, we regularly help Charlotte County residents navigate liability issues and understand how insurance coverage and personal injury law intersect. If you have questions about liability exposure or find yourself facing a claim, our team is here to help. As we move into 2026, a little preparation can go a long way toward peace of mind.

Why Charlotte County Homeowners Should Revisit Their Liability Coverage Heading Into 2026

By Jason B. Goldman • December 31, 2025
As 2026 approaches , many Charlotte County residents are thinking about fresh starts, new goals, and long-term planning. While updating calendars and resolutions is common this time of year, reviewing your homeowner’s liability coverage is an important step that often gets overlooked. Even in close-knit communities like ours, accidents can happen and without adequate coverage, a single incident could have lasting financial and legal consequences. Understanding Liability Coverage in Homeowners Insurance Most homeowners’ insurance policies include personal liability coverage designed to help protect you if someone is injured on your property or if you cause damage to someone else’s property. This may include coverage for medical expenses, legal defense costs, and potential settlements. However, many standard policies have limits that may not align with today’s rising medical costs, legal expenses, and settlement amounts, especially as we head into 2026. Why Standard Coverage May Not Be Enough in 2026 As lifestyles evolve and homes become more multifunctional, liability risks continue to grow. Some common scenarios include: Rising Medical Costs Injury-related medical expenses have increased steadily, and even a seemingly minor accident can result in bills that exceed basic policy limits. Increased Legal Exposure Lawsuits related to slip-and-fall accidents, guest injuries, or property conditions can quickly escalate. Legal defense costs alone may strain limited coverage. Pools, Docks, and Outdoor Living Spaces Charlotte County’s outdoor lifestyle often includes pools, docks, patios, and water features: all of which can increase liability exposure if someone is injured. Activity Beyond the Home Certain incidents that occur away from your property may not be fully covered under a standard homeowner’s policy, leaving gaps in protection. Additional Coverage Options to Consider To strengthen protection going into 2026, homeowners often explore: Umbrella Liability Policies These policies provide an extra layer of protection above standard limits, offering broader coverage at a relatively affordable cost. Expanded Coverage for Secondary or Rental Properties If you own a vacation home, rental property, or short-term rental, standard homeowners’ coverage may not apply — making supplemental liability coverage essential. Scheduled Coverage for High-Value Assets  Items such as collectibles, tools, or specialty equipment may require additional protection beyond standard policy limits. Why This Matters for Charlotte County Residents From waterfront properties and seasonal visitors to year-round outdoor activities, Charlotte County presents unique liability considerations. Preparing now allows homeowners to move into 2026 with confidence, knowing they are protected against unexpected claims. Planning Ahead for Peace of Mind Reviewing your liability coverage isn’t just about insurance — it’s about protecting your financial security and your future. Taking proactive steps today can help prevent legal and financial stress tomorrow. At GTS Law Firm, we regularly help Charlotte County residents navigate liability issues and understand how insurance coverage and personal injury law intersect. If you have questions about liability exposure or find yourself facing a claim, our team is here to help. As we move into 2026, a little preparation can go a long way toward peace of mind.

New Year’s Safety in Charlotte County: Start the Year Smart and Protected

By Jason B. Goldman • December 31, 2025
The New Year is a time for fresh starts, celebrations, and setting goals for the months ahead. While ringing in the new year should be fun and memorable, it’s also one of the times when accidents, injuries, and legal issues are more likely to occur. Taking a few proactive steps can help ensure your celebration ends on a positive note. Here are some important New Year’s safety tips for residents and visitors throughout Charlotte County. Celebrate Responsibly on the Roads New Year’s Eve and New Year’s Day consistently see an increase in impaired driving incidents. Even one poor decision behind the wheel can lead to life-altering consequences. If you plan to celebrate: Arrange a designated driver ahead of time Use a rideshare service or taxi Stay overnight if alcohol will be involved If you encounter a driver who appears impaired, keep your distance and contact local authorities when it is safe to do so. Be Cautious at Parties and Events Large gatherings can bring excitement and risk. Slips, falls, and other injuries are common at crowded celebrations. To reduce risks: Keep walkways clear and well-lit Monitor alcohol consumption Address spills immediately Ensure outdoor areas are safe and free of hazards Property owners and hosts should remember that they may have a responsibility to keep guests reasonably safe. Fireworks and Fire Safety Matter While fireworks are festive, they are also one of the leading causes of holiday injuries. If fireworks are permitted: Follow local Charlotte County regulations Never allow children to handle fireworks Keep a safe distance and fire extinguisher nearby Better yet, consider attending a professional fireworks display rather than lighting your own. Stay Alert Around Water Charlotte County’s waterways remain active year-round. Cooler temperatures don’t eliminate boating or dock-related risks. Avoid alcohol while boating Wear life jackets when appropriate Watch footing on docks and seawalls Water-related injuries can happen quickly, especially during celebrations. Don’t Ignore Injuries or Incidents If an accident occurs: Seek medical attention immediately Document what happened if possible Report the incident when appropriate Prompt action protects both your health and your legal rights. Start the Year Protected The New Year is about moving forward, not dealing with preventable legal challenges. Staying alert, planning, and making safe choices can help you and your loved ones begin the year with confidence. If you or someone you care about is injured due to another party’s negligence, understanding your rights is an important step toward recovery. GTS Law Firm is proud to serve Charlotte County and remains committed to helping individuals navigate difficult situations with clarity and care. Here’s to a safe, healthy, and successful New Year.