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Lawsuits
If it is necessary to bring a lawsuit to ensure you receive just compensation, what happens? A lawsuit begins by filing a complaint. The person filing the complaint is called the plaintiff, and the person against whom the complaint is filed is called the defendant.
The defendant must file an answer addressing the allegations contained in the complaint and must raise any defenses the defendant may have.
The defendant or its insurance company will hire an attorney to represent the defendant and will pay any damages, up to the insurance policy limits, that the plaintiff recovers in the lawsuit.
The majority of lawsuits eventually settle, but sometimes it is necessary to resolve matters by a trial in front of a jury. Oftentimes, if an insurance company has not acted in good faith, it can be compelled to pay the full amount of the Plaintiff’s damages, even if they far exceed the limits of the policy of insurance.
Florida law does not allow suing the insurance company directly when one of its policy holders causes injury. Therefore, even though the person who caused damage will be the named party in the lawsuit, an insurance company is almost always behind the scenes providing the defendant with a defense and indemnification (payment of damages) if necessary.
Read about cases we handle here |
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