Often, the insurance adjuster will claim that the settlement offer they are making is biggest they can possibly make shortly before a claimant and his First Coast personal injury attorney negotiate a bigger one.
This may lead one to wonder, are they lying? Is there a real upper limit to what the insurance company can pay out?
Despite what the insurance adjuster tells you, the actual maximum amount that the insurance company can pay has been put in reserve before negotiations even began. The reserve amount is based on an estimate the insurance adjuster’s manager makes about the maximum amount they could potentially have to pay.
This estimate is based on a combination of factors. The claims manager will try to estimate the total medical expenses you will incur based on the type of injury you have, and he will estimate how long recovering from such an injury can last, and estimate lost wages.
The manager will also try to estimate how strong your case is legally, and how likely you are to win a lawsuit if you choose to sue. He will evaluate the persuasiveness of your evidence and testimony against the insured.
You will never know what the manager estimated; in order to let the adjuster negotiate effectively, the reserve is kept secret. Purposefully complicated and opaque practices like this are part of what make dealing with insurance companies so frustrating. It’s why you need an experienced and knowledgeable advocate on your side. Call today for a free consultation with First Coast personal injury attorney John Fagan.
John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981.
John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder.
In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home.
John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation.
John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates.
Service to the Community
John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
The information provided on this web site is provided for general informational purposes only and should not be interpreted as legal advice. Every case is different and requires individual attention before such advice can be given. Neither the transmission nor receipt of general advice to or from our website will constitute an attorney-client relationship.