Hernando Beach, FL Personal Injury Law Firms & Lawyers

No, there is not. This amount is what the insurance company might be willing to pay. One-third of it might also coincide with the amount your attorney is willing to accept for working out a settlement, without litigating the case in court. But your claim is against the person or the business liable for your injury, and the size of the judgment depends on your actual damages: the costs of treatment and rehab, already incurred and reasonably expected in the future; the income lost due to the injury; the loss of future earnings due to the injury; and compensation for pain and suffering. What part of the judgment will be paid by the defendant's insurer is, technically, does not concern you: the rest would have to be paid by the defendant. But that, unfortunately, only a theory. In practice, the insurer will pay what it agreed to pay; the defendant - well, it depends... Some defendants will claim that they don't have any assets against which the judgment can be enforced - and will fight you in court on this issue until hell freezes over. Many defendants are, actually, unable to satisfy the judgment; all you will get from such a defendant is a small portion of his paycheck until he retires. There are many other scenarios and considerations that can make litigating a particular case a proposition that you, yourself, will reject in favor of just accepting the settlement the insurance is offering: while the amount is insultingly small, it might still be better than the alternative. So, it appears that your attorney might not feel it worth spending time to explain to you all the reasons why you should accept the offered settlement, and, instead, tells you that $25000 is all you can get. As I tried to explain, it might be true - in practical sense; but there is no law that sets such a limit. What is important is that you understand all the facts and issues in your case, and make your decision rationally. It is also important for you to understand that, if you accept the settlement, you will have to sign a release from liability (which means that you will not be able to change your mind later and sue for a more adequate compensation, even if you find out that your injury was a lot more serious than the doctors realized at the time). Accepting a certain sum as a settlement "in satisfaction of all claims" is a decision that you will have to live with; don't make it lightly, or with an incomplete information. And, under any circumstances, don't let anyone make this decision for you.

Yes, you may bring a claim on behalf of your daughter who is a minor as she is only 5. The proceeds of the claim belong to her, however, and must be used for her benefit only. You will have to account to the court for any money received for this and show how the money was used for her benefit.

Mr. Scott is entirely correct and while I am not a worker's compensation lawyer, I believe you need to act quickly. I think there is only a two year statute of limitations to bring a workers compensation lawsuit, or one year from the date of last authorized treatment, whichever is longer. Importantt:  if they injury was caused by someone who is not an employee of your company, or by a faulty/defective product, there is a possibility you could have a personal injury claim as well. Workers Comp and Personal Injury claims are very different types of recovery. If you have a personal injury claim, you can actually recovery both types of damages. This is important since personal injury recoveries are typically much greater in terms of financial damages for pain, suffering and disability, while the WC will cover your medical bills and most of your lost wages.  Clearly a lawyer will need more facts about what happened in order to give you better guidance on whether there is a possible personal injury case, on top of the workers compensation claim.  Finally, when selecting a lawyer, be careful to seek out qualified and experienced personal injury lawyer and a workers compensation lawyer. A slick TV ad from a mass advertising law firm bringing in thousands of clients, does not necessarily mean you are in good hands. Take care when selecting a lawyer but do not delay.