Are Insurance Carriers Becoming More Unreasonable?

In recent years, insurance carriers have become very conservative and, as a result, they are more likely to litigate a case rather than settle. This is why an Orange Park accidents lawyer is necessary if you have a personal injury claim. Reasons that Insurance Carriers Litigate Rather than Settle Cases Insurance carriers are forcing more and more cases, even small ones, into litigation for a multitude of reasons. For example, there is a strong public bias against lawyers. Generally speaking, members of the public (including juries) do not like lawyers – especially personal injury lawyers. Case Example Moreover, reports of personal injury verdicts tend to be exaggerated and a jury may be inclined to award little to set an example. The news often gives inaccurate or embellished accounts of personal injury verdicts. For example, remember the McDonalds spilled-coffee case? Most people recall that an elderly person was burned by hot coffee, but the public was kept in the dark about many of the important details that led to the lawsuit and the verdict. Some of these factors were: • McDonald’s refused to settle for a fraction of the final verdict. • There were several hundred cases that had been filed against McDonald’s prior to this incident for injuries caused by hot coffee. • The injuries were very serious in this case. • The plaintiff was not driving while opening the coffee, as was common belief. • The trial judge reduced the verdict significantly. Unfortunately, many cases are lost because the jury wants to send a message. Recently, a case was lost federal court despite clear liability and documented damages because, as was stated by a jury member, the juror believed the jury had “a duty to do something about the insurance crisis in this country.” To top it off, a comment such as this is not grounds for appealing a verdict. An Orange Park accidents lawyer will develop a strategy to mitigate the effects of such a tendency among juries. We Can Help An Orange Park accidents lawyer knows how to negotiate with insurance carriers to avoid litigation, if at all possible. If you have further questions about dealing with an insurance company or have a personal injury claim you’d like to pursue, John Fagan can answer your questions. Call (904) 215-5555 for a free case review.

About 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. Professional Activities 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.
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