PERSONAL INJURY

Attorney Recovers More than Insurance Policy Limits from Insurance Company

Our client was a motorcyclist that was severely injured by a careless, underinsured driver. Partly because of the at-fault driver’s lack of assets, we made an offer to accept his minimal insurance policy limits. However, the careless driver’s insurance company was late responding to our offer, and, after two trials and an appeal, Mr. Lavely obtained a six figure verdict.

The insurance company’s failure to respond in a timely manner and Mr. Lavely’s efforts to hold the insurance company responsible resulted in a recovery substantially more than ordinarily would have been accomplished if the carrier had acted in good faith.

This case highlights the necessity of hiring an experienced professional who is not afraid to deal strongly with insurance companies. Using knowledge gained from 20 years of experience, Mr. Lavely obtained and enforced a verdict in excess of the insurance policy’s limits.

Attorney Recovers Almost SIX TIMES Original Offer by Insurance Company

Mr. Lavely represented a police officer that was injured while responding to a burglar alarm. An uninsured, negligent driver ran a stop sign causing a horrific collision. Immediately after the crash, the client began treating for multiple injuries, including tempo-mandibular joint (TMJ) injuries.

The client’s own insurance company hired a doctor to examine our client, and the insurance company then made what we believed to be an unreasonably low offer to settle the case. Under Florida law, an insurance company is supposed to provide financial information about the doctors they hire. However, the insurance company in our case refused to provide the documents, so Mr. Lavely filed a motion to force the insurance company to hand over the information. On the day before the hearing was to be held, the insurance company offered to pay almost six times its original offer rather than disclose these potentially damaging financial records.

By using the rules of procedure and discovery to his client’s advantage and applying continued pressure on the insurance company to comply with the law, Mr. Lavely was able to substantially increase his client’s recovery. At the Law Office of Lavely, Whyte & Fischer, we will hold the insurance company to their responsibilities and will not settle your case for less than its full value.

CRIMINAL LAW

Prosecutor Drops Criminal Charges in the Middle of the Trial

Mr. Whyte recently went to trial in a criminal case where our client was accused of lying to a police officer after a traffic crash. During the trial, the prosecutor asked the police officer about statements made by our client at the scene of the crash. Mr. Whyte objected to the introduction of any statements by our client, citing an often misunderstood law that he had researched extensively as a prosecutor. After a lengthy argument between Mr. Whyte and the prosecutor, the judge agreed with Mr. Whyte and excluded all of the statements made by our client.

In the middle of trial, with our client’s statements kept out of evidence, the State entered a Nolle Prosequi, dropping the case. The judge then found our client not guilty of the traffic tickets that were issued to him. Our client walked out of court with no probation, no court costs, and no points on his license.

This case illustrates the importance of hiring a trial lawyer to handle your criminal case. The attorneys at the Law Office of Lavely, Whyte & Fischer are thoroughly familiar with the rules of procedure and rules of evidence and will use those rules to seek the best results for you.

LINKS

Manatee County Clerk of Court
Sarasota County Clerk of Court
Florida Department of Highway Safety and Motor Vehicles
Florida Statutes