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!

Share This Post:

By Jason B. Goldman July 11, 2025
As we age, the risk of falling increases—and the consequences can be serious. At Goldman, Tiseo & Sturges, P.A., we’re dedicated to helping our older neighbors in Charlotte County protect their independence and stay safe at home. Here’s what you should know—and what you can do. Why Falls Happen Falls among older adults typically result from several risk factors combined: Weakness in the legs or hips, slowed reflexes, and balance issues Vision or hearing impairments, or side effects of certain medications Environmental hazards like poor lighting, loose rugs, and missing grab bars Smart Prevention Strategies 1. Strength, Balance & Regular Exercise Structured routines—including strength training and balance-based exercises like Tai chi or yoga—significantly lower fall risk. 2. Home Modifications Simple adjustments make a big difference: Remove rugs, clutter, and trailing cords Install grab bars in showers and railings on both sides of stairs Use non-slip mats, improve lighting, and ensure pathways are clear 3. Medication & Health Reviews Certain medications (like sedatives or antihypertensives) can impair balance. Regular reviews help reduce this risk. Experts also recommend yearly screenings for vision, hearing, bone density, and overall mobility 4. Fear of Falling Worry about falling can lead to reduced activity, causing weakening—a cycle that heightens fall risk. Behavioral and physical therapy can help build confidence. 5. Get Back on Your Feet Safely If a fall does occur: Assess yourself before moving check for injuries Use stable furniture to help you rise If you live alone, consider a medical alert system and establish a check-in plan At Goldman, Tiseo & Sturges, P.A., we’ve seen how even a minor fall can disrupt a person’s independence and well-being. Whether you or a loved one has already experienced a fall, or you'd like to take proactive steps now, these measures are proven to help. When You Need More Support Falls can lead to serious injuries, sometimes requiring medical attention or home care. If a fall occurs due to someone else’s negligence, such as poorly maintained property or missing safety features, we are here to help. Our Charlotte County team offers free consultations to assist with insurance claims, medical documentation, and legal guidance. Call us today at (941) 625 6666 or visit our website to schedule a free consultation.
By Jason B. Goldman July 11, 2025
As summer temperatures rise across Southwest Florida, so does the risk of preventable injuries. From extreme heat to an increase in road and water activity, understanding common seasonal dangers is key to keeping your family safe. At Goldman, Tiseo & Sturges, P.A., we want our community to enjoy the season while avoiding unnecessary accidents that can result in serious injury. Below are important reminders and precautions to help you stay safe this summer. 1. Heat-Related Illnesses Southwest Florida's summer heat and humidity can lead to dehydration, heat exhaustion, and even heatstroke. These conditions can escalate quickly, especially in children, the elderly, and individuals with underlying health concerns. Prevention tips: Drink water regularly, even if you’re not thirsty. Wear lightweight, light-colored clothing. Limit outdoor activities during peak sun hours (10 a.m. – 4 p.m.). Never leave children or pets in a parked vehicle. 2. Water Safety Local beaches, pools, and waterways are popular destinations throughout the summer—but they also present significant risks. Drowning remains one of the leading causes of accidental death in young children. To stay safe: Always supervise children near water. Ensure inexperienced swimmers wear Coast Guard-approved life jackets. Never swim alone or under the influence of alcohol. Learn CPR and basic water rescue techniques. 3. Boating and Personal Watercraft Accidents Recreational boating activity increases in the summer months, and with it comes a higher risk of collisions and injuries. Florida consistently leads the nation in boating accidents. Recommendations: Take a boater safety course if operating a vessel. Wear life jackets at all times. Avoid distractions and alcohol while operating a boat. Check weather conditions before heading out. 4. Traffic Hazards and Wet Weather Tourism and local travel surge during the summer, increasing traffic congestion. Afternoon thunderstorms can make roadways slick, reducing visibility and traction. Safety suggestions: Allow extra time when traveling. Drive cautiously in rain and reduce speed. Keep tires and brakes in good condition. Avoid using cruise control during wet weather. 5. Premises Liability Concerns Slippery pool decks, uneven walkways, and inadequate safety barriers can all lead to slip-and-fall or premises liability injuries, particularly in residential or vacation rental settings. Property owners should: Maintain proper fencing and signage around pools. Install non-slip materials on decks and walkways. Ensure adequate lighting in outdoor areas. Regularly inspect and repair hazardous conditions. Legal Help When You Need It Unfortunately, even with proper precautions, accidents can and do happen. If you or a loved one has been injured due to someone else’s negligence this summer—whether in a boating crash, slip-and-fall, or vehicle accident—our attorneys are here to help. At Goldman, Tiseo & Sturges, P.A., we have decades of experience handling personal injury cases throughout Charlotte County and the surrounding region. We are committed to providing personal, hands-on representation that puts your needs first. If you’ve been injured, contact our office at (941) 625-6666 for a free consultation.
By Jason B. Goldman June 10, 2025
If you were injured in an accident in Charlotte County, whether in a car crash on US-41, a slip-and-fall in a local store, or due to medical malpractice, you may be wondering: Do I have a personal injury case? The foundation of nearly every personal injury claim in Florida is negligence. To hold someone legally responsible for your injuries, your attorney must prove four key elements. At GTS Law Firm, we help injury victims understand what these elements mean—and how they apply to your situation. 1. Duty of Care The first step in proving negligence is showing that the other party owed you a legal duty of care. In simple terms, this means they were obligated to act in a reasonably safe manner. For example: Drivers must follow traffic laws and operate their vehicles safely. Property owners must maintain safe conditions on their premises. Doctors must provide care consistent with medical standards. In Charlotte County, this could mean a store owner has a duty to clean up spills quickly to prevent falls, or a driver has a duty to stay focused and obey speed limits near busy intersections like Cochran Blvd and Tamiami Trail. 2. Breach of Duty Once a duty is established, the next step is showing that the duty was breached. In legal terms, this means the person acted unreasonably or failed to act when they should have. Some examples: A distracted driver ran a red light and caused a collision. A landlord ignored repeated complaints about broken stairs. A business failed to warn customers about a wet floor. Evidence like surveillance footage, accident reports, or witness statements can help establish that a breach occurred. 3. Causation Next, we must prove that the breach of duty directly caused your injuries. It’s not enough that someone acted carelessly, you must show a clear link between their actions and the harm you suffered. This step often involves: Medical records Expert testimony Incident reconstruction For instance, if you slipped on an unmarked puddle in a Punta Gorda supermarket and fractured your wrist, your attorney would need to show that the injury was directly caused by the store’s negligence, not another factor. 4. Damages Finally, you must show that the accident resulted in actual damages, this can include physical, emotional, and financial harm. Common types of damages include: Medical expenses Lost wages Pain and suffering Property damage Emotional distress At GTS Law Firm, we work to ensure your damages are fully documented and accurately valued, because your recovery matters. What This Means for You Negligence law in Florida is fact-specific and often complex. If you believe someone else’s carelessness caused your injury, don’t navigate the legal system alone. Our team at GTS Law Firm has the local experience, legal insight, and dedication to fight for what you deserve. 📞 Schedule your free consultation today—we’re proud to serve Charlotte County and the surrounding communities with compassion and results-driven representation. (941) 625-6666
By Jason B. Goldman June 10, 2025
Living in Florida means getting used to sunshine, heat—and a lot of rain. In Charlotte County, sudden downpours and afternoon thunderstorms are part of life, especially during the summer months. While we may be used to wet weather, rain is still one of the leading contributors to car accidents in the state. At GTS Law Firm, we’ve represented countless clients injured in crashes caused by slippery roads, low visibility, and poor judgment during rainstorms. Here's how you can reduce your risk and stay safe behind the wheel when the skies open up. 1. Slow Down and Keep Your Distance It sounds simple, but slowing down is one of the most effective ways to avoid a collision in the rain. Wet roads reduce tire traction, making it easier to hydroplane or lose control. Give yourself extra space between vehicles—at least a car length for every 10 mph—and brake earlier than usual. GTS tip: Tamiami Trail and Kings Highway can get especially slick during heavy rainfall. Use extra caution and avoid tailgating in high-traffic areas. 2. Turn Your Lights On (But Not Your High Beams) In Florida, it's the law: if your windshield wipers are on, your headlights must be too. This helps you stay visible to other drivers. However, avoid using your high beams—bright light reflects off wet surfaces and can actually make visibility worse. 3. Avoid Cruise Control Cruise control may feel convenient on long drives, but it can be dangerous in wet weather. If you hydroplane while cruise control is on, you could lose control of your vehicle faster than you can react. Stay engaged and keep your foot on the pedal. 4. Watch for Standing Water and Flooded Areas Flooded intersections are common in Charlotte County, especially after strong summer storms. Driving through standing water can stall your car, damage your engine, or even cause you to lose traction and slide off the road. GTS tip: If the water looks deep, turn around. It’s not worth the risk. 5. Check Your Tires and Wipers Regularly Worn tires and old windshield wipers can turn a mild drizzle into a serious hazard. Make it a habit to check your tire tread and replace wiper blades every 6–12 months—especially before hurricane season ramps up. 6. Don’t Drive Distracted—Ever In any weather, distracted driving is dangerous. In the rain, it can be deadly. Keep your phone out of reach, focus on the road, and avoid multitasking while driving. Injured in a Rain-Related Accident in Charlotte County? If you've been involved in an accident during rainy conditions, you’re not alone—and you may be entitled to compensation. Determining fault in weather-related accidents can be complex, especially if another driver failed to take proper precautions. Let the experienced legal team at GTS Law Firm help. We understand Florida law, Charlotte County roads, and how to build a case that gets results. 📞 Contact us today for a free consultation. (941) 625-6666