One of the differences between our law firm and other personal injury law firms is our depth of trial experience. Our legal staff includes lawyers who have trained under some of the best litigators in South Florida. Our lawyers have obtained numerous multimillion dollar verdicts and settlements.
Truck Accidents often involve more property damage and greater personal injury than the usual car accident resulting from the additional force involved. The additional force is caused by the extra truck weight. Physical force is measured using weight and speed. The greater the weight of the truck, the more force involved and the more extensive the personal injury and property damage. An experienced Miami Florida personal injury truck accident lawyer such as attorney Jack Bernstein with 27 years of personal injury experience knows that Florida law requires commercial trucks to carry higher levels of insurance coverage. Florida law states that trucks with a weight of 26,000 to 44,000 must carry $50,000 insurance per truck accident; those with a weight over 44,000 must carry $300,000 insurance per truck accident.
The insurance agent that sells truck insurance coverage for a truck accident has to know this law and provide the higher insurance limits to the truck company. Should they not provide enough coverage, the truck owner can bring a claim against the agent and force them to provide the higher insurance limit to pay you for your personal injury and medical bills which exceed the lower limits originally provided.
Miami Florida Truck Accident Insurance Adjusters typically work directly for a commercial truck insurance company. The adjusters handling Miami Florida truck accidents are highly experienced and licensed to adjust these cases. Their goal is to pay the smallest possible amount to the Miami Florida truck accident personal injury claimant. They are not representing you (even though they may seem very friendly), but rather they represent the truck accident insurance company who pays their salary. You should hire an experienced Miami Florida personal injury lawyer to work on your truck accident case to help with your car damage repair or with the payoff of your car if it is a total wreck. Many truck accident cases result in a car being a total loss, meaning it costs more to repair than your car is worth.
Our Miami Florida personal injury lawyers are experienced in handling truck accidents. This causes the truck accident adjuster to pay a higher amount of money for your personal injury case. If they don’t pay a fair amount after negotiations based upon our experience and your injuries, the Miami Florida Truck Accident adjuster is aware that our Miami Personal Injury lawyers who work at Bernstein and Maryanoff will file a lawsuit against the negligent truck company. This will cost the insurance company thousands of dollars to pay the lawyers. The attorney fees from the defense firm will continue each month until the case is settled. At Bernstein and Maryanoff, we file our own lawsuits. The local insurance companies know this and many times results in higher offers being made to our firm. They know that our firm has the money backing and experience to fight them on an even ground.
If our experienced Miami Florida personal injury lawyers file suit against a truck company for your Miami truck accident, we require them to give us the individual driver’s time records. We have found many truck accidents result from driver tiredness caused by the truck company permitting the driver to work long hours without enough rest. If the records show this, the insurance company usually calls to work out a settlement of your Miami Florida truck accident injury case as soon as we pursue those records.
In other cases we have found that trucking companies reduce costs related to maintenance of their trucks causing truck accidents. Sometimes they have bald tires, brakes that are worn out, and burned out lights. We handled a case where the drive shaft fell out of the truck causing the truck accident. We hired an expert who studied the maintenance records to determine this. We found they were aware of the need to replace the drive shaft and didn’t want to spend the money.
Trucking Companies are legally liable under Florida truck accident law for all damages done by their employees while driving their truck. If a trucking company was careless in the hiring, retention or supervision of the employee truck driver, they may have to pay for punitive damages to punish them for not looking into a driver’s history of traffic violations, prior drunk driving arrests, and prior accidents on their drivers record. If in addition to negligence on the part of the trucking company, their driver that caused a Miami Florida Truck accident was drunk, that may require the truck company to pay for the punitive damages to punish them for such criminal drunk driving behavior by their driver causing a truck accident. It is important you find an experienced Miami Florida personal injury lawyer who knows the law involved in this two step legal analysis against the negligent truck company and separately against their negligent driver.
Often times the insurance company adjusting your case will have an adjusting company investigate you to try and lower the money they finally pay out. There are a lot of adjusting companies which have licensed adjusters and investigators. They report to the insurance company (known as the principal) adjuster at the insurance company which must pay the damages for the Miami Florida truck accident case. This way the truck accident insurance company has an investigator near to you who will check the local government records. They sometimes follow you with video cameras to try and discredit your claimed injuries by later showing video of you engaged in physical activity, and will sometimes slow down the payment of your claim. The adjusting company will negotiate with the Miami Florida Truck Accident Lawyer over the value of your case. They are motivated to pay less to show the truck insurance company adjuster they paid less than authorized. Some receive bonuses based on money saved. Some delay may result during negotiations since insurance companies earn interest and dividends on money they invest. The longer they keep from paying your claim, the more interest they accumulate. If the injuries are very serious or a death occurs, the interest and dividends they earn on the money they know they will ultimately pay out is greater than the attorney fees and costs they pay each month. They will engage in a long court fight before they finally settle the case and will not agree to settle until they first litigate looking for weaknesses in your case and the entire case is close to trial. The trial causes them a higher risk of losing more money than the high end of the value they place on your case, and causes the possibility of a higher money award by a jury than their top value range.
Some Big commercial truck companies have a central office where all the states truck accident claims are worked on. They handle the claims in an organized manner by using highly experienced licensed truck accident insurance adjusters. The insurance adjuster, supervisor and manager will meet and discuss how little they can pay you for your injuries. They will talk about the highest amount they would pay if your case gets litigated by experienced Miami Florida personal injury lawyers like those in Bernstein and Maryanoff in the Miami Dade County 11th Circuit Court. The amount of money the Miami Florida truck accident adjusters think is the high level of money your case is worth will be paid only if you have an experienced personal injury lawyer working your case, who they think will file a lawsuit and take them to trial for a jury verdict.
Free consultation: There is never a charge to talk to a personal injury attorney at the law firm of Bernstein & Maryanoff. With a principal office in Miami, numerous other offices across Florida, and the willingness to make house calls, our attorneys will be there when you need them. We handle all cases on a contingency fee basis.
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