PERSONAL INJURY CASE STUDY
FLORIDA CRIMINAL DEFENSE ATTORNEY
Bicycle Accident: Client was riding his bike when his tire got stuck in a large crack on the sidewalk. Client was thrown off his bike and dislocated his elbow. Andrea Povilaitis sued the City of Winter Springs and the Florida Department of Transportation. She was able to settle with the City of Winter Springs before trial, but not the Florida Department of Transportation. At trial, the Florida Department of Transportation tried to blame client claiming he was not paying attention, that the crack on the sidewalk was open and obvious and he would have seen it if he had been paying attentions. They also argued that client was in violation of Florida law that required bicyclists to have lights on their bikes between dusk and dawn and that client was negligent in not abiding by that law. Lastly, they argued they had no knowledge of the crack and therefore, could not be held liable. Andrea Povilaitis, at the request of her client, offered to settle for $25,000 and filed a written proposal for settlement against the Florida Department of Transportation. They scoffed at her and offered her client $7,500. The case proceeded to trial. The jury found 0% comparative negligence on client and returned a verdict for $122,600 for client. Andrea Povilaitis was also able to obtain a judgment for attorney’s fees and costs because she beat her Proposal For Settlement because the jury returned a verdict which was 25% more than her Proposal for Settlement. This enabled her client to receive even more money.
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Car Accident: Client’s vehicle was hit by another car. He sustained neck and back injuries as a result. The driver who hit him had State Farm Insurance and $100,000 in Bodily Injury Insurance. Andrea Povilaitis demanded $75,000 from State Farm and filed a Proposal for Settlement for that amount. State Farm counter-offered for $35,000 and told Andrea Povilaitis that there was no way a jury would award her client $75,000. Andrea Povilaitis took the case to trial. At trial, State Farm tried to argue that client had pre-existing conditions and that his injuries were not caused by the car accident. They argued that he failed to complain of any injuries when he visited with his Primary Care Physician 3 days after the accident and that he failed to consistently treat for any of his injuries and had huge gaps in treatment. When the jury was deliberating, Andrea Povilaitis advised that she would still accept the $75,000 offer she had made before trial. State Farm laughed in her face and rejected the renewed offer. The jury returned a verdict for $106,000.00, more than the policy limits. And because the jury awarded 25% more than her Proposal for Settlement, she was able to obtain a significant Attorney’s fees award, thereby enabling client to obtain even more money.A
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