Beware, Defendants, During Your Motor Vehicle Accident Personal Injury Lawsuit

Posted by Fred Koberlein | Apr 19, 2016 | 0 Comments

Toy car crash

One of the most damaging things that can happen to car accident victims is that they inadvertently hurt their accident case by performing what seems like harmless actions. What these victims do not know is that when a large damages claim such as six or seven figures is on the line, defendants, insurance adjusters and other parties will do everything in their power to scuttle the case.

To understand more about how you can avoid hurting the strength of your case, consider the story of Dana involved in a motor vehicle accident:

Dana's Dilemma

Dana is a single mom who was hospitalized following a motor vehicle accident with a drunk driver named Kyle. Kyle was later convicted of a DUI for the incident. Unfortunately for Dana, Kyle's insurance refuses to pay a fair amount for her injuries and the losses she encountered from being unable to work, having to hire a babysitter and so on.

After refusing Kyle's paltry insurance settlement offering, Dana files a personal injury lawsuit against Kyle to receive compensation for her injuries and emotional distress. Her hope is that Kyle's decision to drive drunk carries extra weight with the judge or jury, bringing them closer to her interpretation of the facts.

Unfortunately for Dana, it all goes downhill from there. The medical examiner requested by Kyle's insurance stated in their official documentation that Dana's injuries were not as severe as she alleges. Furthermore, Kyle's attorney points to several of Dana's activities, arguing that they indicate she has healed from her supposed injuries in a suspiciously brief time. Notably, they found pictures Dana posted on social media of her on a boating trip with friends. They point to Dana's renewal of her fishing license before the trip as well.

While Dana claims that she was indeed still hurting at the time, she had disposed of many of the empty pain pill bottles, her braces and her prescription forms since then. Dana also did not take very many photographs of her gruesome bruises and other injuries immediately after the crash.

In total, the evidence produced against Dana's claims weigh heavily on her case. She may still receive a jury award or some other form of damages, but the assault on her legitimacy makes her worried the damages will be far less than she hoped.

What Did Dana Do Wrong?

From the layman's perspective, Dana did nothing wrong. The attacks on her character and the stretching of facts came out of left field. Dana should have realized business often becomes personal with lawsuits. Anyone filing a motor vehicle accident personal injury suit must follow the advice of their lawyer and be wary of performing even the most mundane of activities.

If you have been injured in a motor vehicle accident, do not make the mistake that Dana has. We suggest you call a Florida personal injury attorney as soon as possible to understand the best course of action to move forward. Being cautious may seem restrictive or unfair, but it greatly increases the odds of your personal injury case ending in success rather than heartbreak.

We at Koberlein Law Offices provide expert representation for personal injury cases in north Florida through the offices in Gainesville and Lake City, Florida. Contact us as soon as you can to protect and maximize your claims.

About the Author

Fred Koberlein

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.


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