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BETWEEN 80% AND 92% OF PERSONAL INJURY/NEGLIGENCE CASES SETTLE*... WHY HASN'T YOURS? A
very important recent study has shown that, for plaintiffs i.e. the person
who files the claim, settling is better than going to trial.
"The lesson for plaintiffs is, in the vast majority of cases, they
are perceiving the defendant's offer to be half a loaf when in fact it is
an entire loaf or more," said Randall L. Kiser, a co-author of the
study and principal analyst at DecisionSet,
a consulting
firm that advises clients on litigation decisions. Most of
the plaintiffs who said "no way" to the final settlement offer
and went to trial ended up getting less money. Only 15 percent of
the time were both sides correct in proceeding to trial. In the other 85%
it was the plaintiff who was wrong the most: in 61% of cases. Defendants
were incorrect in proceeding to trial just 24% of the time. Going to trial may not always be the right choice. According to CBJS Civil Justice Statistics, in 49% of jury trial cases, the jury found in favor of the plaintiff awarding a median total award of only $35,000, while plaintiffs won in 62% of bench trials (tried by the judge without a jury) with a median total award of only $28,000. Mr. Thomas is a trained mediator and skilled negotiator and has received a Certificate from the University of South Florida in "Circuit Civil" Mediation, the level of Court nearly all personal injury/accident cases are filed within. The training he has obtained assists him in getting your case settled. Mr. Thomas has also assembled experienced support staff working in this department at the firm, to serve you. We know what the insurance company is thinking. Thus, we can get your case settled. A doctor, dentist, chiropractor or other medical professional must provide services to you within the accepted standards of care in their respective profession. However, medical professionals may not be liable simply because you obtained a bad outcome from your treatment. Nor are medical professionals liable because another doctor may have chosen a different treatment method to solve your medical problem. To recover for malpractice, an injured patient must show that the treating medical professional was somehow negligent and that the negligence caused or contributed to the new medical problems you are currently suffering, as a result of that treatment. Your case will require a medical professional in the same discipline to verify that the medical care complained of to be malpractice fell outside of the generally accepted standards of care related to your problem and that specific profession, resulting in your new injuries.
All Florida property owners have a duty to maintain their property in a reasonably safe condition. In order to win this type of case, the property owner must have known (actual knowledge) or should have known (constructive knowledge) of the condition on the property causing the injury in order for you to recover from a property owner. Generally, claimants must prove that the owner knew (or should have known) of the dangerous condition, and had a reasonable period of time to correct the condition and the owner failed to do so.
An injured consumer can recover from a manufacturer and the distributor of a product if the product causing the injury is not reasonably safe for use for its intended purpose.
Our Personal Injury/Negligence
Services
YOUR
INITIAL CONSULTATION ON ANY PERSONAL INJURY/NEGLIGENCE MATTER IS ALWAYS
FREE |
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