How Can a Lawsuit Be Filed Against an Insurance Carrier?
Augsley v. Jerry Myers, et al. The complaint was brought against the defendants, insurer Allstate, and their insurance carrier, GEICO. Myers, who represented the deceased victim of a car accident that resulted in the wrongful death of his son, was suing Allstate, GEICO, and their insurance agent, Johnnie L. Smith for wrongful death. According to the complaint, Smith failed to properly maintain his property in the manner required by law, in violation of a condition precedent set by Florida statute. Jerry Myers died in the car accident; he was not home at the time.
The Florida statute requires that any personal injury lawsuit is filed within three years of the date of the incident.
This three year period is called the statute of limitations. Plaintiffs’ lawyers in Florida have 30 days to file their initial claim in the state court, or they have to file a counter-claim with the same attorney who is handling the Monroe v. Allstate case. This is the most common scenario, since there are no automatic stay provisions in personal injury lawsuits in Florida, thus allowing the plaintiff to file a suit after the three years have elapsed.
After receiving the complaint and filing a complaint in the state court, the defendant then enters a plea of ‘no contest.’
That means he admits the claim but maintains that he has no proof that the insurance carrier was at fault. The defendant is not required to admit liability. There is also an alternative procedure, called a trial date. If the defendant fails to appear at the scheduled trial date, then the plaintiff may choose to move for a new trial date. At the conclusion of the trial, the plaintiff must receive a jury verdict on whether or not they believe the defendant is liable and, if so, file any monetary damages claims.
An insurance company’s policy will only cover liability if the risk posed by the insured party is actually foreseeable.
This means that the insurance carrier cannot avoid liability just because it is feared by the insured party. For example, if the plaintiff should slip and fall and break his arm, the insurance carrier could not avoid paying out since that risk is foreseeable. Likewise, if the plaintiff should sue the insurance carrier for ignoring his medical advice, he could not avoid paying out because the risk is deemed to be unavoidable. A Florida based attorney can help plaintiffs obtain the right compensation for such cases. It is advisable to consult with a lawyer before proceeding with a claim.
A plaintiff can also seek damages in property damage cases.
Florida based attorneys can evaluate the case and help the plaintiff to obtain the most compensation possible. These lawyers will examine whether the defendant had a policy with a liability limit. If the defendant failed to maintain insurance coverage, the plaintiff may be able to get additional compensation for the injuries. This may include a settlement or judgment. A good lawyer will know the key factors that will affect the success of the case.
If the defendant was unaware that the policy had lapsed, the plaintiff may have a case against the company.
This means that the company is responsible for its own safety while on the job. It is crucial to hire a lawyer who knows the law and understands how to protect a plaintiff’s rights. With this in mind, a lawyer will help a plaintiff to obtain the best possible result from his or her lawsuit.