Dec 4

Not Raising An Issue At Trial Might Prevent The Review Of An Appeal When It Comes To Personal Injury Cases In Florida

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Not Raising An Issue At Trial Might Prevent The Review Of An Appeal When It Comes To Personal Injury Cases In Florida

When it comes to the result of personal injury cases in Florida, preparation is very important. While this seems to be very true, from when they file the case to when the outcome of the case is decided by the jury, preparation is crucial if you want to know the case of the other side and anticipate which problem might spring up. Preparations like this give a personal injury plaintiff in Florida an advantage or edge that can’t be overstated.

A recent scenario shows how the lack of preparation of an insurance company made them waive an issue that would have possibly been settled in their favor. Due to the failure of the insurance company in raising the issue, the plaintiff successfully got the ruling of an adverse lower court reversed in her favor. This is why it is always to get a personal injury attorney in Florida before events like this unfold.

The Details of the Case

The plaintiff sustained some injuries after being involved in a motor crash which was caused by a different driver. The other driver who caused the accident has no proper insurance plan to compensate for the injuries the plaintiff has sustained. However, the lady has two insurance coverage, and the two insurances she has contained protection for underinsured motorist. The mother of the plaintiff had a policy with another insurance company that offered twenty-five thousand dollars in underinsured driver coverage. Additionally, the policy of the father of the plaintiff with another insurance company offered twenty thousand dollars in protection for underinsured motorist.

After the crash, the lady filed a claim with only the insurance company of her mother. The position of the plaintiff’s mother insurance company is that they are only responsible for the five thousand dollars that their policy covers in excess of the policy of the plaintiff’s father insurance company. So the court agreed and reduced their liability to five thousand dollars. The lady filed a motion for reconsideration with the court.

During the reconsideration motion, the insurance company of the plaintiff’s mother still followed their initial argument, and they also introduced a new argument. They argued that their policy has a clause that requires their clients to exhaust every other insurance before laying claims on theirs. The insurance company told the court to affirm their previous ruling based on their new argument. So the court did as they asked, and the lady appealed.

During the appeal, the court reversed the case to favor the plaintiff. The court said that the insurance company cannot present their new argument on appeal due to the fact that it wasn’t raised earlier. So the plaintiff is entitled to recovering the maximum of the insurance company’s policy. So it’s best to always have a personal injury attorney in Florida to handle such cases for you.