Personal Injury Archives - The Law Offices of Travis Koon, PLLC

Personal Injury Claim

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Koonlegal

Travis Koon, Attorney

Personal Injury Attorney

Lake City & Gainesville, Florida

Lake City-386-597-0000

Gainesville-352-729-1211

 

Principle Office

291 NW Main Blvd.

Lake City, Florida 32055

 

Do you need a Personal Injury Attorney?

 

You have been hurt in some way and are attempting to file a claim with your insurance company, but you feel like they are giving you the run around and not wanting to pay your claim. You wonder is it just you? Maybe they are right and you’re not entitled to any money or help. Maybe your plan doesn’t cover your injury.

 

Unfortunately, you may be dealing with a bad faith insurance claim – also called unfair insurance claim practices. This may happen when an insurance company will unreasonably withhold your policy benefits.

 Lake City and Gainesville, Florida Insurance Claims

If you feel this is happing to you, it is wise to speak with an attorney who can deal with the insurance company for you, and make sure you given everything your policy states is owed to you.

 

Insurance companies owe each policy holder a duty of “good faith and fair dealings”, when the company violates this good faith dealings, then the insured person may sue the company on both a breach of contract and a tort claim. The tort claim is what allows punitive damages that are usually unavailable in the breach of contract suit.

 

According to the Legal Dictionary, punitive damages are “Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer”.

Do you have a claim for damages for a personal Injury Claim in Lake City or Gainesville, Florida? 

Some examples which may give reason for a lawsuit against an insurance company are:

 

  • Attempting to settle a claim for less than the amount of what the insured is entitled to, or lead to believe is entitled to based on written material
  • Delaying payment or investigation by requiring the insured or the physician to submit a preliminary claim report then requiring the insured or the physician to submit a formal proof of loss form, both contain about the same information – this may be used as a stall tactic
  • Attempting to settle the claim on an application that was altered without the insured person’s notice, knowledge, or consent
  • Refusing to pay the claim without conducting a reasonable investigation
  • Misrepresenting facts or provisions relating to coverage
  • Failing to confirm or deny a claim within a reasonable amount of time after proof of loss statements has been filed

 

If you feel your insurance company is not abiding by the good faith and fair dealings duty, then contact Koonlegal and Personal Injury Attorney Travis Koon. We have worked with insurance companies many times in the past, and if necessary, we can deal with them in court.

 

You do not deserve to be mistreated by these companies; you have already been through enough drama and injury to have to deal with their misgivings as well.

 

EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA PERSONAL INJURY ATTORNEY

At www.koonlegal.com , Personal Injury Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue on your behalf.

 

Koonlegal

Travis Koon, Attorney

Personal Injury and Criminal Defense Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

Expert Witness

Posted by | Attorney, Criminal Defense, Drug Crimes, DUI, Personal Injury | No Comments

The prosecutor is trying hard to make a case against the defendant; he/she is desperately explaining how the insignificant details actually do apply to the case.  But now it is the defense’s turn to take center stage and defend their client.  An expert witness is brought in to show why the prosecutor’s argument doesn’t make sense.  The expert witness is the turning point of the case and the trial is over.

So what makes this person an expert witness?

An expert witness is someone who specializes in a particular field or discipline who may present their opinion without having been a witness to any occurrence relating to the case; and they have become qualified in their field through training, accomplishments and special knowledge.  This is the only time when an opinion is admissible in court.

According to Federal Rules of Evidence, rule number 702 states that an expert witness may testify in the form of an opinion if the testimony is based on sufficient facts or data, the testimony is the product of reliable principles and methods, the experts knowledge will help the court understand the evidence or to determine the fact in issue, and the expert has applied the principles and methods to the facts of the case.[1]

A series of landmark decisions, commonly called the Daubert Trio (taken from the Daubert v. Merrill Dow Pharmaceuticals case), by the Supreme Court has established criteria for the admissibility of an expert witness’s testimony in federal courts.  All the following needs to be established:

  • The reliability of the techniques underlying a proposed testimony
  • Peer-reviewed publications supporting it
  • General acceptance of the thoughts and ideas in the relevant field

The attorney may inquire into the reliability in order “to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field.”[2]

How they can help you

An expert witness can help establish, beyond a reasonable doubt, that the defendant was not able to perform the crime they are accused of doing. The lawyers at the Law Office of Travis Koon are criminal defense attorneys who have the knowledge and skills needed find and properly use expert witnesses.  The opinion of these people can determine the outcome of a case.

Speak with one of our attorneys today to help fight your legal battles.  We are Florida criminal defense attorneys that will help you every step of the way.  We have offices in Miami, Gainesville, and Lake City; let our experience work in your favor.

[1] https://www.law.cornell.edu/rules/fre/rule_702

[2] http://federalpracticemanual.org/node/38