Our Team Approach to Personal Injury Claims

How Insurance Companies Fight Claims 

In virtually every case, any recovery is going to come from insurance.  For the insurance company to pay, the injury claim must be proved and insurance coverage has to be established.  Even the best claim against a negligent party can be worth nothing if the insurance company denies insurance coverage for the claim.  Just like the fastest car can’t get anywhere without gas.

The moment an insurance company receives a claim for an injury or death, the insurance company asks two questions:

  1. Can we deny insurance coverage for this claim?
  2. Do we have defenses against liability or damages?

To answer the first question, the insurance company retains an insurance coverage lawyer to represent the insurance company directly in any fight over insurance coverage, including lawsuits about insurance coverage called “declaratory judgment lawsuits.”  This lawyer will also give the insurance company advice on how to avoid being sued for bad faith.

The insurance company also hires a defense attorney to represent the person or company that caused the injury.  That lawyer will directly oppose the claim for the injury or death, arguing that the injury isn’t that bad or didn’t happen at all, or trying to arguing that the injured person is responsible for their own injuries. 

Only one of the insurance company’s lawyers has to win for the insurance company to pay nothing.  A person making a claim has to win both fights to recover.

Our legal time is designed to do just that.

 

Call Herman & Wells: 727-821-3195

 
"Only one of the insurance company's lawyers has to win for the insurance company to pay nothing.  A person making a claim has to win both fights to recover."

Our Answer to the Insurance Companies

We deal with the insurance company’s strategy of fighting on multiple fronts by fighting back the same way.  We provide our clients with their own legal team – an insurance coverage lawyer and a personal injury plaintiff attorney.  And we turn the insurance companies’ questions around:

  1. How do we establish the maximum possible insurance coverage for this claim?
  2. How do we prove liability and recover the maximum damages justified by the facts?

At our firm, Jason Herman handles the insurance coverage and bad faith issues.  He has focused his entire legal career on insurance coverage and bad faith.  For his entire career, Clifford Wells has represented people and families for injury and death claims.  Insurance companies hire a team of attorneys.  We think our clients should have access to a team, too.  Herman & Wells provides that on every case.

But unlike the insurance companies’ lawyers, we don’t charge anything unless we win.

How Does This Approach Help?

Finding Insurance Coverage

Sometimes finding out who insures the responsible party is as easy as looking at the insurance card provided by a driver that caused an accident.  But in many cases we have to actively search out and find available insurance.  This can be because a business or person doesn’t want to disclose their insurance for fear that their premium will go up.  Some people and businesses don’t have a good understanding of the insurance available to them.  In other cases, there are laws and policy terms that create additional coverage even where it appears there is no coverage.

We exhaustively look for every available source of insurance for all of our clients.  Looking for insurance is part of our law practice, and other lawyers in our community call and ask us to help with finding insurance on their cases.

Bad Faith

Insurance companies must act in good faith under Florida law.  When an insurance company fails to do that, it can be held liable for damages in excess of the policy limit.  We hold insurers to their good faith obligations by demanding prompt and reasonable investigations and settlements.  We assess each case to determine whether the insurance company did not meet those obligations of good faith.  When insurance companies act in bad faith, we hold them accountable, which can mean recoveries for our client well in excess of available insurance policy limits.