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What is a Low-Ball Offer in a Personal Injury Claim? Understanding the Terms of Your Case

Although definitions vary widely, many Florida personal attorneys use terms such as “low-ball offers,” “fair settlements,” and other specialized language. A good Florida personal injury attorney will take care to explain pertinent terms to you. For example, the attorneys at Flaxman Law Group take pride in making even the most complex legal terms easy to understand. In any personal injury case, you may encounter a few new terms:

1) Low-ball offer. Although precise definitions of this term vary, a low-ball offer usually refers to a claim made by an insurance company or another party which is deemed too low. In many cases, a low-ball offer is low because it will not adequately cover all the costs, lost income, medical care, and other expenses in a typical case. It is quite frequent for parties to offer injured persons a low-ball offer, which is why it is important to consult with a qualified personal injury attorney before accepting any offer.

2) Liability. Liability refers to legal responsibility, and is used to determine who (if anyone) must pay damages to an injury victim. In many cases, there are multiple persons who can be held partly responsible in a personal injury case. For example, in a truck accident, a driver can be held liable for the accident. However, the manufacturer of the truck, the trucking company, and even the company that repairs the roads may be partly liable for an accident. In a personal injury case, it is important to seek out everyone who may be liable, as this can help ensure a fair settlement for the accident victim.

3) Plaintiff. The plaintiff is the party who launches a legal case. In a personal injury case, the plaintiff is usually the accident or injury victim. In most personal injury cases, an insurance company or larger company is the defendant, or the party answering the charges or claims made by the plaintiff.

4) Out-of-court settlement. Many personal injury cases end in an out-of-court settlement, which means that a defendant agrees to pay the plaintiff a settlement rather than risk going to court with the case (where the plaintiff may be awarded an even larger settlement by a judge). In addition to an out-of-court settlement, personal injury cases can also go to court, where a judge can rule in favor of the plaintiff or against them. In some cases, a plaintiff decides to drop a case.

5) Contingency basis. Many accident victims who have been injured in a car accident or other serious mishap do not have the financial resources to take on a large insurance company or larger firm. However, most companies are covered by powerful insurance providers who have virtually unlimited financial resources. This can create an inequality, which is why many Florida personal injury attorneys work on a contingency basis, meaning that they are paid out of the settlement proceeds. When attorneys work on a contingency basis, they take on all the risk of a case. They are only paid if and when a plaintiff wins a settlement. If the case is lost or dropped, attorneys will not charge the client legal fees.

Client Reviews
Mr. Flaxman is highly skilled and very pleasant to work with. He communicated with me at every step in the process, and clearly presented information relating to my case. To anyone considering retaining his firm, I highly recommend him. Clara Barman
THE BEST. Honest, very knowledgeable, fast and easy. has helped me in numerous situations and has never failed me. Joe Gee
Charlie is a very skilled attorney that advocates hard for his clients. But the best part is he is an all around great guy. He cares about helping and doing what is right for people and his community. And he is not afraid to fight against those who do wrong or against threats to our world. He is fluent in Spanish as well. Do yourself a favor and call him. Andy
I had a lawyer on another case and I never spoke to the lawyer and I hated that I never knew what was going on in my case. Mr. Flaxman was in constant communication with me, explained everything to me, and his staff was really great too. My phone calls were always returned immediately. It was refreshing to be able to speak to my attorney personally. I would HIGHLY recommend Mr. Flaxman as an attorney to anyone who has been in an accident. Gloria
I found Mr. Flaxman to be an excellent attorney for my personal injury case. This is actually the second time I have used him and he really represented my interests. He explained everything thoroughly and he was very available for my questions. Carol
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