Victims Likely in for a Bigger Fight to Resolve Claims than Ever Before

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Resolving claims has become more difficult recently. Insurance companies are offering less money to settle, and there is a general opinion that the companies want to try more cases. Burnetti, P.A. is filing more lawsuits, based upon the percentage of cases, than ever before. Last year all the lawyers in our firm tried at least one claim in front of a jury. I suspect there are many issues at work reducing offers to settle.

First, consumer rights seem to be under attack in the state legislature. It appears “tort reform” is high on the agenda of many. In my opinion, “Tort reform is code for reducing consumer and victim rights.” This general push by the government seems to add credence to the low offers to victims.

Second, insurance companies believe some firms will not go to trial. Trials are necessary, no matter the outcome, to force insurance carriers to pay victims. If the carrier believes the firm will not go to trial, the carrier will likely offer less money.

Third, bad law has been produced lately that hurts victim’s rights and protects insurance companies. This has included opening the door to allow defense attorneys to attack doctors who treat victims, decreasing a plaintiff’s right to money above an insurance policy even if awarded by a jury in the underlying action and changing the burden of proof for a plaintiff to recover due to a trip and fall.

Forth, in this economic climate, carriers feel they have a better chance of winning in front of a jury. When people are struggling financially, it is generally harder for them to provide money for non-economic damages such as pain and suffering and loss of the capacity for enjoyment of life. The attorney representing the victim must overcome this climate and convince a jury that this is compensation for a true loss.

By no means is my list comprehensive, and lawyers and others in the profession may certainly disagree with my list or add more reasons. Regardless of the reasons, no matter which firm you hire, make sure your attorney is aware of the current trends. Recognize you, as a victim, are likely in for a bigger fight then ever before. Lastly, have confidence in your attorney and the law firm. No matter which firm you select, we at Burnetti, P.A. hope you obtain the justice you deserve in these trying times. If you need an attorney, please feel free to contact us for a consultation. Here at Burnetti, P.A. we are seeking justice for you.

Tampa Personal Injury Attorney
Jeff Diamond
Burnetti, P.A.

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