Brandon Stein Law: Liability and Auto Insurance Companies Are Not Your Friend

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in a car accident or slip and fall, contact our Fort Lauderdale personal injury attorneys today.

As a Fort Myers lawyer that helps those injured in car accidents and slip and falls, I spend the greater part of my days writing and speaking with claims representatives of insurance companies.  Before a lawsuit is filed, the communication I frequently have regarding my client’s injuries are with the adjuster handling the liability claim for the insurance company. Moments after a car accident or slip and fall occurs and a person is injured in North Miami, the insurance company begins its investigation of the claim — often times this occurs even before a lawyer gets involved.  In fact, the insurance investigation often begins with an innocent phone call to the injured person.

However, very rarely is this phone call innocent.  In fact, the only person who perceives this phone call as being innocent and harmless is the client who has just been injured and is not thinking clearly.  While the adjuster may seem to be concerned with your injury and extremely nice and cordial over the phone, he or she certainly has a hidden agenda and is operating under the direction of the insurance company.  Every question that the adjuster asks is calculated to lead to information that assists with their investigation.  Also, often times these ”innocent” phone calls are recorded and are utilized as a powerful tool against South Florida slip and fall lawyers in litigation.

Sadly, it is the innocent, vulnerable, injured client that is taken advantage of during the early stages of the litigation.  While the client may believe that he or she is helping the claim by arguing the case to the adjuster, typically the exact opposite occurs.  Unfortunately, it is the Naples personal injury lawyer that is left to clean up the pieces and salvage the claim.

During the course of my representation for these injured clients, I constantly educate and inform them that this entire process is viewed by the insurance company as a business and decisions made by the company are often “business decisions.”  The insurance companies rarely, if ever, sympathize with the tragic injuries that my clients endure, for the adjusters are simply looking for ways to poke holes in our case and diminish the value of the claim.

Ultimately, the reason why those injured in North Miami Beach hire car accident lawyers is to represent them and obtain adequate compensation for their loss.  Once an injured client is represented by a lawyer, then that client is (or should be) instructed not to discuss their case with anyone — including the insurance company.  While this mantra is preached during representation of a client, there is no reason why those injured do not follow this instruction even before retaining a lawyer.

Injured in a car accident or slip and fall?  Contact our Pembroke Pines personal injury lawyers today.

Brandon Stein Law: A Client You Can’t Trust is a Client You Can’t Afford

By: Brandon Stein

If you or someone you know was injured in a car accident or trip and fall, contact our North Miami lawyers today.

For North Miami Beach injury lawyers that sue for slip and falls and car accidents, an unfaithful client can diminish the value of the case exponentially.  A client that you cannot trust is a client that you cannot afford to represent.  And clients that lie and fail to disclose pre-existing personal injuries to their Florida lawyers do irreparable damage to their trip and fall or car accident cases.

Sadly, certain clients place Aventura car accident lawyers in bad positions by not disclosing prior injuries.  For example, if a person slips and falls and suffers injury to her back and retains a South Florida lawyer, the expectation is that given the attorney-client relationship, every single detail will be disclosed.  This is often times not the case since some, but not all, injured clients try to “work the system” and only convey information to their Florida lawyer that will help their case. The reason lawyers are hired is because clients have no experience in slip and fall or car accident cases — thus they too have no experience deciphering important information from non-important information.

As a Fort Lauderdale personal injury lawyer, based upon the hundreds of slip and fall and car accident cases that I have handled, the most common piece of information held back by a client is the fact that he or she has suffered injury to the same part of the body in the past.  Unless the case gets settled very quickly, this withheld information will come out sooner or later.  And the later this information is discovered by the other side, the worse it is for the case.  On the flip-side, when this information is revealed to the defendant, their case improves significantly.

Simply put, imagine a defense attorney revealing this information to a jury of your peers. Once that information is placed in the hands of a jury, the jurors go from being your peers to being an ally for the defendant.

Brandon Stein Law: Add Thousands to your Slip and Fall Case

By: Brandon Stein

If you or someone you know was injured in a slip and fall, contact our South Florida lawyers today.

As a Fort Lauderdale injury lawyer, slip and fall accidents are one of the few types of cases that a person can recover thousands of dollars without having to prove liability.  I have been a lawyer for and helped many injured clients that trip and fall at stores, homes, and even on public property.  One would hope that when this type of accident occurs, the business or homeowner carries liability insurance to cover the injury.

In North Miami Beach, when a person is injured from a trip and fall, the vehicle that the lawyer uses to recover compensation for the accident is the liability insurance policy of the store, business owner, or homeowner.  In virtually every insurance policy, a certain amount is identified as the maximum amount a person injured from a slip and fall may recover under the policy.  This is typically the first number a Florida personal injury lawyer looks at upon receipt of the insurance disclosure.  However, there is another area of the insurance policy that must be considered.

Being an Aventura personal injury lawyer that sues stores for slip and falls, it is essential to consider a medical expense provision in the insurance policy.  While every insurance policy may not include this “med-pay” provision, those that do, leave open the possibility of adding thousands of dollars to your settlement.

In order to recover a settlement in a trip and fall case against a business or homeowner, Florida injury lawyers must show that liability exists on the part of the insured.  This is always a challenge because the majority of personal injury cases that come through a Florida attorney’s office are far from slam-dunks on liability.  The beauty of the “med-pay” provision is that funds are tendered to the injured person irrespective of liability.

In essence, so long as “med-pay” is demanded within the required time period specified in the insurance policy, the funds must be disbursed to the client — this is contractual.  So, once this is demanded and the insurance company has copies of all outstanding medical bills incurred as a result of the personal injury, the insurance company is contractually required to disburse the funds immediately.

The downside is that not every insurance policy contains a medical expense provision. However, those that do typically have a limit of $5,000 or $10,000.  And for a North Miami slip and fall lawyer, nothing is better than litigating a case that involves an insurance policy containing this medical expense provision.  This adds thousands to your settlement without having to prove liability.

Brandon Stein Law: The First Thing to do When Injured in a Car Accident or Slip and Fall

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in a car accident or slip and fall, contact our Fort Lauderdale personal injury lawyers today.

Being a North Miami personal injury lawyer that helps those injured from car accidents and slip and falls, I am constantly asked by clients: what is the first step in my case?  While some South Florida personal injury lawyers proceed and advise clients based upon what is best for the case, that is not my philosophy.  Without fail, every single client hears the same line from me at the beginning of their case. Ultimately, the most important thing with their personal injury lawsuit is that they receive medical treatment and feel better.  Everything else will fall into place after that.

In North Miami Beach, whether the injury was caused by a car accident or slip and fall, the first thing needed to be done even before going to see a lawyer is to treat with a doctor or hospital.  The biggest pitfall in a case is a gap in treatment.  Here in South Florida, I have litigated cases that are slam-dunks with respect to liability, but once damages are addressed, a significant length of time without treatment for the injury can be crippling for a slip and fall or car accident case.

Basically, a Florida car accident lawyer or slip and fall lawyer has two main jobs when representing an injured client: (1) Stay on top of the client and constantly keep the lines of communication open to ensure that the injuries claimed from the accident are being treated; and (2) Litigate the case as quickly and efficiently as possible so to keep the client happy and eventually achieve a successful outcome.

Nevertheless, when litigating a case, a Fort Lauderdale injury lawyer can always make up for lost time.  However, as far as client treatment is concerned, every single day that goes by that the client does not see a doctor is ammunition for the lawyer of the defendant to challenge the validity of the personal injury claim.