However, insurers in Florida tend to be stingy, and they would like to settle cases for as little money as possible. To that end, they have developed certain techniques that they use to assist in their efforts to get you to accept much less money than you deserve.

Below, we outline a few of the most common techniques insurers use and explain how you can counteract them.

The Insurer Tries to Get You to Accept Responsibility

Florida is a comparative fault state that recognizes that both parties in an accident can be negligent. For example, a driver might have plowed into the rear end of your car, but you might have failed to use a turn signal to notify them that you were turning. In that situation, both drivers bare some blame for the crash.

Under the comparative fault scheme, the amount of money you can get is reduced by your percentage of fault. For example, your medical bills and lost wages could have totaled $30,000. However, if you were 50% responsible for the crash, you can only get half that.

For this reason, insurers often try to get accident victims to agree that they bear some of the blame for the crash. An insurer might make statements like, “So you weren’t really looking” or “You were probably distracted, right?” and try to get you to agree. You should never agree to statements made by the insurance adjuster. Instead, tell your story using your own words.

The Insurer Tries to Minimize Your Injuries

Another tactic adjusters love is to downplay your injuries:

• “So you don’t feel a lot of pain, right?”
• “You probably could have returned to work after a week, I’m assuming.”
• “Your injuries probably were not that disruptive.”

Each of these statements is an attempt to minimize the severity of your injuries so that the insurer does not need to pay out much in pain and suffering compensation. As mentioned above, you shouldn’t agree to statements made by the insurer. Tell your own story.

The Insurer Tells You that a Lawyer is Unnecessary

There are many reasons why accident victims benefit from an attorney. Not only will a Daytona Beach personal injury lawyer investigate your claim and compile evidence, but they can negotiate much more money in a settlement.

Many insurers, however, will tell you that you will end up further behind if you hire a lawyer. But only a lawyer is looking out for your best interests—not the insurance company! If you try to negotiate without a lawyer, you risk accepting far less in compensation than you could otherwise get.

Speak to Us Today

If you or a loved one has suffered an injury in an accident, please contact Bundza & Rodriguez today. We have represented the Daytona Beach community for years and have obtained millions in compensation for our clients.

You can schedule a free consultation by calling 386-252-5170.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

At Bundza & Rodriguez, our Volusia County personal injury lawyers have negotiated favorable settlements for countless clients. With our background in insurance defense, we know all the tricks that defendants use to minimize the sums they pay out.

Problem #1: You Undervalue Your Injuries

The key to a settlement is to get as much money as you can, since you won’t be able to sue the defendant later for more money. In fact, before a defendant will agree to a settlement, they will require that victims release them from any future claims based on the same accident. If you settle for too little, you will soon find yourself without the funds necessary to support yourself.

Insurance companies know that most people cannot properly estimate the cash value of their injuries. For that reason, they love to make a lowball initial offer, which is usually a fraction of what your injuries are worth.

To properly evaluate how much you might receive, an experienced personal injury lawyer will look at your economic losses for things like medical care, lost wages, and property damage. Then he will estimate your non-economic losses for things like pain and suffering to arrive at a fair figure.

Problem #2: You Settle Too Soon

Some insurance companies hope you grab the first settlement offer. However, if you decline and continue to negotiate, they will slowly increase the amount they are willing to pay. This is part of the art of negotiating effectively, and few people truly understand how to hold out for more money.

There is another key reason not to settle too soon—you might not know the full extent of your losses. For example, someone with devastating physical injuries probably won’t reach maximum medical improvement for several months. You want to know how much you lost on medical bills and wages before you approach the bargaining table.

Problem #3: You Reveal Too Much Information

Information is power, and you can keep the upper-hand in settlement negotiations by keeping your cards close to your chest. For example, in your initial demand for compensation, you might only mention economic losses. If the defendant rejects your offer, you can then explain your intangible losses, like emotional distress and pain. If you reveal everything all at once, then a defendant can strategize much more effectively.

Injured in an Accident? Contact Us Today

Bundza & Rodriguez is a leading Volusia County personal injury law firm, and we are here for you. Please contact us today to schedule a free consultation. We can review your case and help you understand the negotiation process better. We will then get right to work obtaining the compensation you badly need.

Drag Racing?

According to the police who have seen the surveillance, a second vehicle was travelling alongside the victim’s car in the same direction at the time of the crash. Police hypothesize that the vehicles were drag racing. The second vehicle, a black sedan, was leading the victim’s car. After the crash, the black sedan doubled back and passed the scene of the accident. Unfortunately, no one from the sedan called emergency services to report the crash.

If the two vehicles were drag racing, then that fact might explain why no one reported the accident. Racing on highways is a crime in Florida, per statute 316.191. According to the statute, operators of motor vehicles cannot race each other on a roadway, highway, or parking lot. It is also a crime to knowingly ride in a car that is racing, even as a passenger.

Violation of the statute is a first-degree misdemeanor that is punishable by a $1,000-$3,000 fine and a jail sentence of up to one year. Multiple violations can result in increased penalties, including more time in prison.

Horrific Accidents

There is a simple reason drag racing is illegal—it creates unacceptable risks to other motorists and pedestrians. Drivers who are racing can easily lose control, and they are typically travelling to fast to be able to brake in time to avoid hitting them.

Florida has certainly seen its share of drag racing accidents on our roadways. Few people can forget the 2018 accident in Tampa in which a mother who was pushing her child in a stroller was mowed down by a vehicle racing down the highway. The mother died.

If you were injured by drivers engaging in drag racing, you should definitely pursue a personal injury claim. Injured victims can receive compensation for a variety of economic and non-economic losses, including medical bills, lost wages, property damage, and pain and suffering.

If a drag racer kills a loved one, then family members might also be able to bring a wrongful death lawsuit for compensation. Any lawsuit you file is independent of a criminal case the prosecutor might bring.

Speak to Bundza & Rodriguez Today

At Bundza & Rodriguez, P.A., our Daytona Beach personal injury attorneys are experienced at holding culpable motorists legally responsible for the injuries they cause. We have obtained favorable settlements for countless motorists. To find out more about what compensation you can receive, please reach out to us today.

You can schedule a free initial consultation with one of our attorneys by calling toll-free, 866-785-5470 or submitting an online contact form. Please do not delay.

Resources:

fox35orlando.com/news/local-news/police-search-for-car-involved-in-fatal-daytona-beach-crash

nypost.com/2018/05/24/street-racers-mowed-down-mom-pushing-stroller-cops/

What Are Punitive Damages?

Most compensation you can receive is compensatory in nature. For example, you can receive money to make up for the economic losses caused by an accident—medical bills, lost wages, and damaged property. You can also receive money damages for non-economic losses like pain and suffering or emotional anguish.

Punitive damages have a different purpose. They are designed to punish the defendant for conduct that is more serious than mere negligence. As the injured victim, you get to keep punitive damages in addition to your compensatory damages.

What Type of Conduct Warrants Punitive Damages?

A defendant does not have to pay punitive damages if they were merely careless. For example, someone who failed to look over their shoulder before backing out of their driveway probably is merely careless and will not need to pay punitive damages.

However, Florida statute 768.72 allows punitive damages in the following cases:

• The defendant knew his conduct was wrong and that injury would likely result but nevertheless intentionally pursued that conduct, causing damage.
• The defendant’s conduct was so reckless or careless that it amounted to an indifference or conscious disregard for the health and safety of others.

For example, a defendant who drives into a group of people in the crosswalk is undoubtedly reckless, so punitive damages are probably warranted. Likewise, someone who speeds through a neighborhood where he knows children play in the street might need to pay punitive damages as well.

What is the Maximum Amount of Punitive Damages a Defendant Must Pay?

The jury will decide how much a defendant must pay in punitive damages. However, Florida law also sets maximum amounts, which will depend on the circumstances:

• In most cases, you can only receive three times your compensatory damages or $500,000, whichever is more. For example, if your compensatory damages were $200,000, you can receive a maximum of $600,000 in punitive damages. If your compensatory damages were $50,000, you can receive a maximum of $500,000 (though you will likely receive much less).

• If the defendant’s intentional misconduct was motivated by financial gain, then you can receive a maximum of $2,000,000 or three times your compensatory damages, whichever is more.

• If the defendant intentionally hurt you, then there is no limitation on punitive damages.

These rules are quite complicated, so you should meet with a personal injury lawyer in Daytona Beach to discuss the details of your case.

Injured by Someone’s Reckless Conduct? Speak to Bundza & Rodriguez Today

Punitive damages serve a vital purpose in Florida’s court system. They not only punish defendants for horrible conduct but also deter other people from committing similar bad acts. To determine how much you might receive in a lawsuit, please speak with a personal injury lawyer in Daytona Beach today.

If you have been injured in a collision—or if a loved one has died—you should meet with a Volusia County pedestrian accident lawyer to discuss your options.

Recent Crash

According to Spectrum News 13, the most recent collision happened along I-95, when a driver struck a woman walking along the side of the road. Police found the victim’s vehicle abandoned up the road in the center median. According to the police, the victim was walking along the southbound lane. She was 36 years old. The police have not yet brought criminal charges against the driver.

Wrongful Death

Not every collision is the driver’s fault. However, if the driver is responsible for the death in this recent collision, then the victim’s surviving family members might be able to bring a lawsuit for wrongful death. In this type of case, surviving family members step into the shoes of their loved one and bring the lawsuit the victim could have brought had she lived. In particular, the family members typically allege that a driver was negligent or reckless and that this conduct caused the death.

If successful, family members can receive an array of compensation, including:

• The value of support and/or services that the deceased provided to family members. For example, the value of cooking, cleaning clothes, taking care of children, etc.

• Loss of guidance, companionship, and protection. These losses are speculative, but a jury can decide to give an amount to compensate family members for these losses.

• Emotional pain and suffering if a child has died.

• Reimbursement of any funeral or medical expenses paid by a family member.

The deceased person’s estate can also recover compensation for the following:

• Lost wages and benefits the deceased could have earned had they lived.
• Lost earnings the estate could have collected.
• Any medical or funeral expenses paid by the estate.

If you have lost a loved one, you should schedule a consultation with an attorney to identify how much money might be available if you bring a wrongful death lawsuit. No two cases are alike, so a lawyer needs to perform an individualized case assessment in order to properly advise you.

Injured as a Pedestrian? Legal Help in Volusia County is Available

At Bundza & Rodriguez, we help injured pedestrians and their family members seek the financial compensation they need after a devastating crash. Our pedestrian accident attorneys in Volusia County have years of experience handling all kinds of wrecks, and we are anxious to help you. To schedule your free, no-strings consultation, please call 386-252-5170 or submit an online message.

Resources:

mynews13.com/fl/orlando/news/2018/05/20/pedestrian-hit–killed-on-i-95-in-volusia-county.html

flhsmv.gov/pdf/crashreports/crash_facts_2016.pdf

Treatment for Breaks

The key to healing broken bones is to make sure they heal in their original position. Failure to set the bone properly can cause disfigurement and disability, not to mention pain. To set the bone, your doctor might use a cast or a splint, which you will wear for a few months.

Other breaks will require surgery. Surgery might be necessary if the bone shatters into many pieces or if it happens in complicated areas like the wrists or ankles. To set the bone, your doctor might install a screw, pin, or steel plate which will hold the bone in place. To have surgery, you will typically need general anesthesia so that you are not awake.

Surgery Complications

If your break requires surgery, then you should understand the complications that go along with any surgery, such as:

• Bleeding
• Blood clots
• Infection

You might also suffer an allergic reaction to whatever material was used to make the pin, screw, or plate. If your allergic reaction is severe, you might need to undergo a second surgery to replace the hardware with something made from alternate materials. Surgery under general anesthesia can be very difficult for some people, especially the elderly or those with other existing health complications. Talk to your doctor before agreeing to go under the knife.

Surgery Can Be Expensive

Patients who only need a cast or splint can expect to pay several thousand dollars, which can cover doctor’s fees and the cost of setting the bone. Because pain is a common side effect, you will also need prescription or over-the-counter painkillers. Where the break affects your leg or ankle, you might also need crutches or a wheelchair. All told, you could spend $4,000 or more treating a break.

If you need bone surgery, however, you can expect to pay much more.  Treating a broken arm might cost more than $15,000, including X-rays and surgeon’s fees. Replacing hardware can double the costs as well.

These out-of-pocket medical bills do not include any lost wages as you recover, which might also cost you several thousand dollars as well. All told, your “minor” break could cost $25,000 or more—money which you do not have and should not be expected to pay.

Need Compensation? Contact a Volusia County Personal Injury Lawyer

If someone else is to blame for your broken bones, you are entitled to financial compensation. At Bundza & Rodriguez, we have helped victims injured in car or truck accidents, motorcycle accidents, and slip and fall cases. On our clients’ behalf, we have obtained compensation for medical care, lost wages, property damage, and pain and suffering, among other losses.

To schedule your no-obligation consultation, please call 386-252-5170 or submit our contact form. Initial consultations are free.

Resource:

healthline.com/health/bone-fracture-repair#procedure

Request for Production

The other side might have objects or documents in their possession that you want to inspect or read. For example, in a car accident, you will want to see a copy of the other side’s insurance policy. You might also want to inspect their vehicle. To gain access, you can serve Requests for Production. The other side then has a limited amount of time to either turn the documents over or to set up a time for your lawyer to inspect them.

The other side can also request documents from you. For example, they might want copies of all medical records as well as medical bills and receipts. You will have to provide these in a timely manner.

Sometimes, discovery requests are overly broad or invasive of your privacy. If the other side wants every email communication you have made in the past 8 months, then your lawyer can fight it. The other side will need to narrow their request to communications that are somehow relevant to the lawsuit.

Interrogatories

Interrogatories are written questions that the other side must answer under oath. For example, you might want the names of all people who were witnesses to your accident or who have relevant information about the accident. You can request this information with interrogatories.

Deposition

In a deposition, your lawyer can ask a witness questions, in person, which they must answer under oath. Unlike interrogatories, depositions allow for follow up questions, which is helpful if the witness answers in a way your lawyer was not expecting. Depositions are usually held at a lawyer’s office and recorded.

In some situations, what a witness says in a deposition can be introduced later at trial. For that reason, depositions are a good way to “lock in” a witness to a particular story. As the victim in an accident, you will probably need to give a deposition, which your lawyer can prepare you for.

Requests for Admission

Lawsuits often revolve around a few disputed facts. You can narrow down the number of issues by asking the other side to admit to certain facts. For example, if you were involved in a car accident, you might ask the other side to admit the day and time the accident took place.

Injured in an Accident? Speak with a Personal Injury Lawyer in Daytona Beach

A significant amount of personal injury disputes are settled before trial. Nevertheless, some trials are unavoidable, so injured victims should select their attorneys with care. At Bundza & Rodriguez, we have spent countless days in court and are prepared to do everything possible to maximize your compensation. To find out more about what we can do for you, please request your free consultation by contacting us today.

Resource:

law.cornell.edu/wex/interrogatory

Common Ways Visitors Get Injured

In some cases, foolish behavior may lead to injuries. That being said, many accidents will be someone else’s fault, or their negligence will contribute to your injury. For example, you might suffer an injury at the hands of the following:

• Negligent property owners. Hotels, motels, and private property owners owe visitors a duty to keep their property reasonably safe. This means they must fix any hazard they know about (or should have known about), or they must warn you about hazards if they cannot fix them. When property owners fail to satisfy their duty to keep the property safe, you can suffer a serious injury.

• Dangerous vehicle operators. You might get struck by a car, truck, or other vehicle. If the driver operated the vehicle negligently, you can sue them for compensation.

• Criminals. Violent crime is a fact of life, even at Daytona Beach. Criminals can assault or sexually assault visitors, causing physical and emotional injuries.

Common Spring Break Injuries

A bad accident can leave you in tremendous pain and in the hospital. For example, you might suffer:

• Cuts, scrapes, or lacerations
• Broken bones
• Concussions or other traumatic brain injuries
• Spinal cord injuries
• Burns

Accident victims might also suffer emotional distress, especially after a battery or sexual assault. For example, you might suffer from any of the following emotions:

• Depression
• Anxiety
• Fear
• Grief
• Anger
• Irritability

Emotional injuries are just as serious as physical ones, and the lawyers at Bundza & Rodriguez are skilled at obtaining compensation for your emotional scars as well as your visible physical ones. We have helped countless clients receive the pain and suffering and emotional distress damages that they deserve.

Legal Help Is Available

The legal system is complex, especially if you don’t live in Florida and need to leave the state to return to school. If you think someone else is to blame for your injury, you will need an aggressive personal injury lawyer who can fully investigate your case and hold at-fault parties responsible. Contact Bundza & Rodriguez today for a free consultation.

Hello, Officer, I Tried to Hit You

Intentional injuries are not as rare as you might think. According to the Associated Press, just last month a driver intentionally crashed his car into a parked Highway Patrol vehicle on Interstate 4 near Sanford. The 38-year-old man saw the parked police car and drove into the left-hand side. After ramming the police car, he got out and told the officer his actions were intentional. Police arrested the suspect and the trooper was checked into the hospital as a preventative measure in case of injuries.

What Are Punitive Damages?

The purpose of the civil law system is to compensate accident victims for their injuries. To that end, you can be reimbursed for medical bills, lost wages, and property damage. You can also receive money for physical pain and emotional distress. True, money can’t really compensate for physical and emotional suffering, but it is the best the law can do.

Punitive damages are different. They are intended to punish the defendant and to deter them from committing the same bad acts in the future. Usually, punishment is reserved for the criminal justice system, but the civil law system can also punish by forcing defendants to pay a sum of money in addition to compensatory damages.

When Are Punitive Damages Available?

According to Florida statute, punitive damages are available for intentional misconduct or gross negligence. Intentional misconduct is conduct the defendant knew was wrong and knew would probably cause an injury. Gross negligence means recklessness that exhibits an indifference to other people’s life or safety.

Think of it this way: if the defendant injured you because they were merely careless, then you will not qualify for punitive damages. For example, someone might have backed up in a parking lot and not checked over their left-hand shoulder, thereby striking a pedestrian accidentally. However, if someone intentionally strikes you or races down the road at 100 miles per hour, then their conduct might warrant punitive damages.

How Much Can I Receive?

Punitive damages are tricky to estimate. A lot depends on how outrageous and offensive the jury finds the defendant’s conduct. When you meet with your personal injury lawyer, they can assess the surrounding circumstances and estimate whether punitive damages are a possibility.

Florida also caps punitive damages. For example, Florida typically limits punitive damages to three times the amount of your compensatory or $500,000, whichever is larger. However, if the harm was purely intentional, then there is no limit on punitive damages.

Free Case Review

Reckless people are a danger to those around them and should be punished to prevent others from being injured. If you’ve been injured by someone’s intentional misconduct or gross negligence, punitive damages might be available. Contact Bundza & Rodriguez for a free consultation.

Resources:

abcnews.go.com/US/wireStory/police-man-crashed-troopers-parked-patrol-car-52698675

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.73.html

The 1990s saw quite a few cases, 23 in Florida alone, in which plaintiffs based their claims of sexual assault on traumatic memories that they had long repressed and had later recovered during psychotherapy. Adult plaintiffs brought lawsuits against family members, teachers, and clergy whom they claimed had sexually abused them decades earlier. For a period in the early 1990s, courts tended to accept recovered memories as evidence of sexual abuse, but beginning in 1995, they ceased to give weight to this type of evidence. The medical community holds that, unless there is some other form of supporting evidence, it is not possible to tell the difference between a recovered (true) memory and a fabricated (false) one. Furthermore, many of the alleged victims recovered these memories as the result of highly suggestive therapies not considered acceptable by mental health professionals.

Notable Florida Cases Involving Recovered Memories of Sexual Assault

• Leonard v. Estate of Cowles – Frank Cowles of Clearwater, Florida was convicted in 1959 of sexual abuse of minors; he admitted guilt and later committed suicide. Years after his death, his nephew Frank Leonard recovered memories, during psychotherapy, of abuse by Cowles, and he brought a lawsuit against his uncle’s estate. The court ruled in Leonard’s favor and awarded him damages from Cowles’ estate.

• Gonzalez v. Boullon – Nina Gonzalez sued her stepfather and was awarded $1 million in damages after recovering memories that he had sexually abused her when she was a minor. Her brother, stepmother, and cousin gave statements supporting her claims.

• Tinker v. Tesson – Sue Tinker filed a medical malpractice lawsuit against Dr. Alan Tesson, a psychiatrist, who had used leading questions and other suggestive techniques to get Tinker to recover memories of having been abused by what she described as a Satanic ritual cult at her school. The case settled with an award of $650,000 for Tinker.

Contact Bundza & Rodriguez About Sexual Assault Cases

The recovered memory controversy of the 1990s may be a thing of the past, but sexual assault cases still require skilled attorneys. Contact Bundza & Rodriguez in Daytona Beach, Florida for a legal consultation.

Resource:

blogs.brown.edu/recoveredmemory/case-archive/legal-cases/