Car Accident Injury Settlements

Klemick and Gampel is a Miami based law firm that offers legal counsel to those who have been injured in car accidents. It is our job to make sure those who have been injured due to the actions of other drivers receive fair treatment and realistic compensation from the insurance companies. If you or a loved one has been injured in a car accident in the Miami area, contact Klemick and Gampel for a free legal consultation today.

Television and the movies have given the great majority of Americans an inaccurate perspective on how the legal system works. In television in particular, cases are wrapped up neatly, always in court, and always with a witness breaking down in the face of a ferocious onslaught of logic delivered by a prosecutor or defense lawyer. There are cries of “OBJECTION!” and Judges saying “I’ll allow it,” and surprise witnesses and foremen of the juries giving a good solid dramatic pause before pronouncing the verdict.

Real life doesn’t work like that.

Despite what you see on television, and despite the scenario painted by so many tort reform organizations, the great majority of court cases are either thrown out or settled before they reach the court. The dockets aren’t nearly as jammed as television and the American Tort Reform Association would have you believe.

In fact, close to 95% of insurance claims end in a settlement. What this means is that the injured party comes to a financial arrangement with the insurance company and this way a trial is avoided.

You might be wondering why all of this stuff is even necessary. After all, why go through settlements and trials and all of that when you could simply send the insurance company all of the bills and expenses and they could send you a check?

The answer is fairly simple. Insurance companies almost NEVER “just send you a check.” Any medical bills that you might have will almost certainly be denied for some reason or another. Any time and wages that you missed from work will probably not even be mentioned. And if you suffered severely in the accident, it is almost a guarantee that a representative from the insurance company will be at your bedside to offer you a settlement as soon as possible, and it is almost another guarantee that the settlement that they offer you will not be enough to handle all the expenses will cost you.

This is why having experienced legal representation is so important.

Contrary to the picture that is painted by insurance companies and tort reformers, the job of personal injury attorneys is not to try to win the “accident lottery” for you. We don’t try to turn a mountain into a molehill. All we try to do is help you obtain what is both fair and contractually covered by the insurance companies. It is the job of the insurance company to get you to accept much less than what is fair.

At Klemick and Gampel, we take a thorough inventory of not only what you lost, but your physical condition as well. By consulting with your doctor, we try to factor in any future problems that your injuries might cause you into the settlement if it is deemed necessary. For instance, accepting a settlement might not be the best thing if there are signs that you injury could get worse or could cause you other health problems. Accepting a settlement without addressing this means that the financial weight of any future problems could fall squarely on your shoulders.

The reason this happens is because when you accept a settlement, you almost always have to sign a waiver exempting the insurers from any future liability. This could be very problematic if the injury that you sustained in a car accident leads to future health complications down the road. An experienced attorney would know that a full and comprehensive medical evaluation is a crucial part of preparing for settlement negotiation.

We also factor in elements that are scoffed at by insurance companies but are very real and very painful to victims of car accidents. We consider pain and suffering and emotional distress to be something that should be considered and should be compensated. If you or a loved one has been injured in a car accident in the Miami, Florida area, contact Klemick and Gampel for a free legal consultation today.