Car Accident Case Settles In Seven Days

Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Client Gets Into An Automobile Accident

Our client, a 50 year old father of two, was driving his car in Miami, Florida. Suddenly and without warning, another vehicle made an illegal left turn right in front of our client. Everything happened so fast that our client was not able to brake in time and struck the other vehicle at a high rate of speed causing both of the air bags in both cars to deploy. Our client immediately felt pain in his neck and back, as well as dizziness, headaches, fatigue, and muscle cramping. He called the Miami Automobile Accident Attorneys Dell & Schaefer from the accident scene. Our firm quickly arranged for a lawyer to meet our client at his house that very same night. Without hesitation, our client retained our firm and we began the process of zealously representing our client’s interests.

Client Undergoes Surgery

Immediately after the accident, our client underwent an intense physical therapy regimen. Two weeks after physical therapy began, our client did not feel relief from pain. As a result, he underwent an MRI. The MRI showed multiple disc herniations up and down our client’s cervical spine. Because the MRI findings were positive, our client made an appointment with an orthopedic surgeon. The surgeon was able to identify that the cause of the herniated discs was a direct result of the automobile accident. He recommended surgery to repair the herniated discs. Because our client did not respond well to conservative treatment, he decided to undergo the procedure.

Dell & Schaefer Negotiate A Settlement

Immediately after our client underwent the surgery, our firm wasted no time moving forward with his injury claim. We filed a demand letter with the tortfeasor’s insurance company. We demanded the policy limits of $100,000 to compensate our client for bodily injury, aggravation of a preexisting condition, pain and suffering, loss of consortium, disability, mental anguish, property damage, past and future medical expenses, lost wages, and impairment of ability to earn future wages. Within seven days of filing the demand, the insurance company tendered out the policy limits of $100,000. Our client was absolutely thrilled that we were able to get a case resolved seven days after filing the demand letter.

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Monday, July 20, 2015

Is it true that in the State of Florida that you can only sue for policy limits. I have 2 herniated disk and the liquid has leaked out from the disk and I have a pinch nerve and the insurance company is trying to give me 25,000 policy limits is all they say I can sue them for I have not had surgery the doctor said no I missed a month and half from work now I have to pay my medical bills after they paid 10,000 policy limits. I’m still in paid and looking for other treat can I get anymore more money from them. Thanks

Wednesday, July 22, 2015
Jason Macri:

Hi LaTonia,

It is not true that you cannot sue a person for more than the policy limits. It is true, however, that barring any additional claims such as bad faith on behalf of the insurance company, the insurance company will only be responsible for the policy limits. If the policy limits are $25,000 and the insurance company has not acted in bad faith when handling this claim, they will only be responsible to pay you the policy limits. Do you have Uninsured/Underinsured motorist coverage, also known as UM? If so, we may be able to help you. Please feel free to call us to discuss your case further.

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