What Happens During The Process Of Filing A Claim?
It is not rare for there to be a fatality if someone was a victim of a crime in South Florida, and typically, if there was a fatality involved, meaning someone was murdered, then if the family asked us to, we would represent them and open up an estate in the probate court on behalf of the family, assign a personal representative and so forth and bring a wrongful death lawsuit against the establishment after doing some research.
We usually hire experts who are ex-police or ex-FBI, ex-law enforcement to provide us an analysis of the area. We also get prior records, which are public records, of the area, of the premises, with the local police for that area and discover whether or not there had been prior occasions of police being called for service at that area or that location or prior incidents of violence at that area or that location.
The police would have had to visit often if the establishment was a bar or a nightclub, because it would be an alcohol induced environment where there would be a lot of extracurricular things going on and things like fighting are not uncommon. It would all just depend on the situation.
We would proceed with the case if we felt that something could have been done to prevent the tragedy from occurring, and then once the case began the litigation portion, there would be a whole process where depositions, discovery and the litigation part of the case would go on until ultimately there was a mediation and then a trial if the case was not resolved by that time.
How To Proceed In Florida If Someone Was Either Injured In An Attack Or Assault Due To Negligent Security?
A lot of these cases involve fatalities because of all the guns used nowadays in robberies, and a lot of these cases get charged as wrongful death cases where unfortunately the representatives would be the family members who were left to deal with the consequences of losing someone as a result of a shooting or because of a robbery because there was no security or not enough security.
The other situation would be injury cases involving serious injuries. This would be a situation where someone went to an ATM but there was no security. Maybe this ATM had a track record of being a very dangerous ATM machine so the person was injured as a result of being mugged there.
These types of cases go the same route as any general negligence case, so the person would have to get legal representation to help with the claim and they would need to go and get medical care to hopefully recover as much as they could from their injury as a result of what happened to them that night or that day.
Why Would A Case Be Heavily Contested?
There is really no rhyme or reason why certain cases get heavily contested.
The insurance carrier who represented the individual who we were suing would make those decisions and after over 26 years of practice, I really do not know how they decide which ones they want to fight and pay money to defend as opposed to which ones they would just agree to resolve because it happened and although it could have been prevented, they would just want to move forward to resolve it.
It would just depend, but we always anticipate the insurance carriers would battle us for the most part, regardless of the type of claim it was.
Is The Insurance Company’s First Offer Usually Accepted Or Does The Attorney Have To Ask For A Better Offer?
Florida is fortune to still have the “bad faith law”. In our firm, we would typically gather the evidence necessary to present a demand to help us to settle a case within the first two months of getting the case and we would then demand whatever insurance limits were available.
This tends to put pressure on the carrier to either tender their insurance limits or defend the case with their attorneys. The great thing about the bad faith law is that if it involved a minimal insurance policy, the insurance company would be forced to do the right thing and pay if they should have.
If they did not pay and it was a minimal policy, then if the verdict was in excess, the person would be able to more or less collect the entire verdict.
Why Would Someone Need An Attorney With Hands-On Experience In These Cases?
We have had very great successes with the numerous negligent security cases in our firm and we have been able to recover millions of dollars on behalf of our clients.
The reason we have been this successful is because when we dig and become informed regarding what happened and where it happened. Most of the time we would discover that the owner of the premises, whether it was a hotel, a gas station, a bank or a supermarket, would have usually shown a pattern of total disregard for the issue and they would have just not put any thought whatsoever into the fact of customer safety.
Juries, and everyone else for that matter, do not appreciate this because everyone has an expectation of safety. People tend to take it for granted and there is an assumption that if someone went somewhere then their safety would be provided for and they would not have to deal with any problems.
We have been so successful and we have had really good results because we have a niche in this type of practice, we have handled numerous cases and we are all versed in the law and who the experts are.
For more information on Court Process For Negligent Security Claims, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (305) 985-7800 today.
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