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Settlement of $610,000 for Florida Accident

Settlement of $610,000 for Florida accident

The interplay of three auto insurance policies for a full recovery

Attorney Robert Feinberg, licensed to practice in Florida for more than 30 years, was able to resolve a pedestrian/motor vehicle accident for the full amount of available insurance, $610,000. The plaintiff, an elderly man, was struck in Lakeland, Florida as he was crossing the street. There were no witnesses, although the driver did stop and made herself known to the police.

Plaintiff’s counsel faced two obstacles: very little evidence as to how the accident happened and the need to stack three automobile policies, one from the Florida vehicle involved in the accident, one from the driver’s own vehicle in Michigan and a third form the pedestrian’s own underinsurance policy on a vehicle that he owned. As to the issue of how the accident happened, plaintiff’s counsel sought to portray the injured client’s pre-accident status as one with good cognitive skill, no history of falls, not needing a handicapped license plate, and pointing out that the client was known for being an avid walker. This was used to dispute any attempt by the insurance companies to blame the accident on an alleged fall by the elderly client.

All insurance policies were obtained in full. This required a careful review of the terms of two Florida policies (a bodily injury policy and an underinsurance policy) and a Michigan bodily injury policy. Each state has its own laws on whether coverages may be stacked or layered on top of each other. As a matter of interest to Massachusetts drivers, the layering of two bodily injury coverages is permitted in certain circumstances but there wouldn’t have been underinsurance coverage for this accident if it were on a Massachusetts policy.

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Robert Feinberg did a fantastic job handling our case. He is a thoughtful, caring man, cordial and a complete professional. The settlement we received was more than we had ever anticipated, his legal work is beyond reproach. Thank you Robert!!

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    Robert Bard

  • google
    5.0/5.0

    After my motorcycle accident I contacted Feinberg & Alban. I met with Marsha for a consultation and she was great. Their entire team kept me in the loop for the entire process. Colleen was also a part of my case, she help me with understanding a lot ...

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    Beantownie 617

  • google
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

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    Mitchell Petitti

  • lawyers
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Client

  • google
    5.0/5.0

    Robert and his team were unbelievably caring and thorough in working on my interests. It was a very serious case. It needed much attention and skill. Robert and his team were always there for me from the time I was in the hospital. They got me an ama...

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    Jason Lebovitz

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