A Civil Remedy Notice is an additional tool that allows a plaintiff’s attorney to place pressure on an insurance carrier to resolve a case. It is simply stated, a form one fills out over the internet. The form is timed, and therefore you must have all of the information you seek to include in the form already drafted in a file you can just copy and paste out of. Otherwise you will end up being timed out or drafting a very poor civil remedy notice. This form requires information such as a claim number, case number if in litigation, name of parties, policy numbers, contact information to all individuals and entities involved, a statement as to what caused the issue to arise, legal issues and pertinent law, statutory law from a drop down, amongst much more.
When you file a civil remedy notice, you are literally telling the government of Florida, that an insurance carrier is not resolving a claim when they should have and must. You are stating the carrier is acting in bad faith. The point of the civil remedy notice is to cause the insurance carrier to have to conduct an investigation that would allow it to provide a response to the government whereby it makes statements as to why it is not acting in bad faith and that the party submitting the civil remedy notice is simply not providing the government with the full set of facts relevant to why it has not resolved the claim. If you file a really great and detailed civil remedy notice, and within 60 days of filing it, the insurance carrier has not resolved the case with you, then you have perfected the right to pursue a bad faith case if you win at trial or do not contract the right to seek extra contractual damages upon settlement. If you couple that with pre-suit demands, Proposals for Settlement, and informal negotiations that have given an insurance carrier multiple opportunities to resolve the matter within policy limits, but they did not, then you have created enormous value to the case. If the case warrants it, then you have been able to posture your case for resolution above and beyond contractual limits. Use civil remedy notice’s wisely! Write them well or you will lose credibility as an attorney but be brave. Just because the media and the carriers do not like the intangible damages categories does not mean your client does not have a legal right to them. You are duty bound.
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It may seem like there is no such thing as a car accident lawyer, but the area of practice is actually very specific. In particular a car accident lawyer must know the laws of insurance relevant to a car accident case. Many lawyers know the general issues surrounding car accident cases but fail to know the details.
It is important to know how in car accident cases hospital liens are to be handled. Car accident lawyers should also be very aware as to the timing of resolving claims as related to tax law. Not only is tax law of consequence to the client due to receiving a large sum of money, but also relates to how medical service providers are to be paid on their liens. One of the other important matters is for a car accident lawyer to have a good network of medical service providers that understand the legal issues related to a good recovery for their patient. Some doctors simply do not understand the legal matters and dynamics surrounding an auto accident case. The doctors that do not understand the legal matters and dynamics surrounding an auto accident case are not able to provide the auto accident lawyer with the right set of documents that allow an auto accident lawyer to best advocate for the client. Car accident lawyers must understand and be interested in the injury itself. Car accident lawyers have to learn and understand the medicine involved in the client’s treatment plan. It is important for a car accident lawyer to read about the nuances of the injuries and how they may affect the client in the long term. Finally, one of the most important matters a car accident lawyer must be interested in and learn about is imaging. What are the differences between x-rays and MRI’s? What makes certain areas of the image have different colors? What do the colors mean? What does a mean when a disk is herniated? These are only some of the basic questions a good car accident lawyer must be able to answer is a very sophisticated way. I love working for my clients. Personal injury law can be a very rewarding area of work. My personal injury clients are a very personal relationship and I take great care to make sure the cases are well prepared. Part of preparing a case properly is making sure that clients understand the purpose behind a personal injury law case. Unfortunately, there are to many law firms misguiding the public into believing that getting injured is about receiving millions of dollars. In my opinion these law firms are hurting their own reputations by doing that, and in turn diminish the value of our profession as lawyers.
When I meet clients, I take the time to understand how their injury was inflicted, as well as the injury itself. As a personal injury lawyer, it is very important to understand the injury. The reason for the need to understand the injury itself is because it is important to know what type of treatment to expect from the medical providers. At this point it is also very important to make sure the medical providers are not treating a claim, but are in fact treating the injury for the sake of the betterment of the client, and not for the sake of maximizing the insurance policy. However, the importance of understanding the injury of a client due to the need to evaluate the case from a recovery standpoint cannot be ignored simply because oftentimes there are injuries that are to great when compared to the insurance policies providing coverage. I make sure my clients understand how damages are calculated for purposes of litigation on a personal injury case. Personal injury lawyers when working in volume firms do not have the time to explain to clients what is happening with their cases, and at Krumbein Law PLLC there is pride in maintain a personal relationship with your personal injury lawyer. I explain to personal injury clients that awards include past medical cost, future medical cost, lost wages, future lost wages if there is an inability to earn what was earned or what could have been earned had the injury not occurred, past and future pain and suffering, and depending on the facts of a case, and finally on occasion there is the possibility of punitive damages. I also explain to personal injury clients that recovery on personal injury cases is not to be seen or understood as profit. It is not a profit to receive monetary award on personal injury because an injury is not a business act. Those monetary awards are obtained for the purpose of paying past and future medical bills, compensate for loss of income, and include some monetary value for the purpose of providing some comfort to a person that has otherwise lost some level of pleasure inherent to living. Money can never truly place a personal injury client back to the place he or she was prior to the injury. That should never be confused with profiting as a result of a personal injury case. If you have questions about your personal injury case and would like to have the guidance of a personal injury lawyer in Jacksonville, please call 407-800-7589. |
AuthorJack A. Krumbein, Esquire is the author of these blogs. They represent general notions of law in practice. None of these blogs are specific to your case and are only published to serve for purposes of education. |