Plaintiffs’ Litigation Practice


Older & Lundy handles all types of cases on behalf of plaintiffs, including:

• Personal Injury
• Insurance Coverage and Claims Handling
• Insurance Bad Faith
• Disability Insurance Claims

Personal injury claims are those claims that result in physical injuries caused by the acts of another. Personal injury claims often arise out of automobile collisions, the ordinary use of defective products, inadequate security, and improperly maintained property. Because these claims can involve intense investigation and analysis, it is in one’s best interest to consult with a lawyer as soon as possible after being injured. While time passes, witnesses’ memories tend to fade, evidence can be lost, and the statutory time period for bringing a claim can pass. In the legal world, time is almost always of the essence.

Personal injury claims can have many components, including medical bills and the need for future medical treatment, lost wages, and the sometimes very significant life alterations that result from a serious injury. Because we have handled all aspects of these kinds of cases, from expeditious settlements to complex jury trials, we go into every case prepared to protect our clients’ interests and we do our very best to ensure that the final result is properly tailored to the individual’s actual needs.

Our office prides itself on ensuring that the “personal” in a personal injury claim is never forgotten. Injuries impact people’s lives in very different ways, and at Older & Lundy, we never forget that our cases belong to our clients and that our personal service to our clients is our first priority. At our firm, you will meet directly with the lawyer handling your case, you will receive status reports regarding your claim, and there will always be an open line of communication so that your questions are answered. Though we can never guarantee the results of our services, we can guarantee that the service you receive will be the very best we can give.

Insurance Coverage/Insurance Bad Faith

Almost everyone, at some point or another, purchases insurance for some aspect of his or her life. People insure their homes, their health, their lives, and their automobiles, and people often purchase insurance to provide income in the event they are ever disabled and unable to return to work. After what can be a lifetime of paying insurance premiums, it is in the very moments when people make claims that they depend the most on their insurance companies to honor their obligations to provide protection or to pay the benefits for which all of those premiums were paid.

Our lawyers have litigated for nearly ten years against insurance companies that have unfairly denied their customers’ claims. From the small business that has been sued and has properly sought the protection of its insurance company to the person that has been in an automobile accident and cannot get from their insurer the simplest of benefits , we have experience in all manner of insurance issues and we approach the claims handling process in a way that sends the right message to insurers - “honor your obligations.”

We have handled insurance coverage cases on behalf of mothers whose children were injured, doctors who were not protected when a claim was made against them, large companies who were abandoned by their insurer when a lawsuit was served, and injured individuals who were simply counting on their insurance company to pay their medical bills.

We also handle what are commonly referred to as “insurance bad faith” cases. In most of these cases, a person or family has been catastrophically injured and an insurance company has failed to properly honor their claims. In these kinds of situations, the claimant needs to act quickly to secure the services of a lawyer who not only understands the complexities of the claimant’s injuries, but also has practical knowledge and experience in the insurance claims process. Only a lawyer with the requisite knowledge and experience will know how to best initiate and pursue a case involving a truly significant injury.

The denial of an insurance claim is serious business and, if it is not properly addressed at the outset of the case, it may never be properly resolved. Don’t just trust someone who uses the term “bad faith.” Make sure he or she has the real experience in this area to make sure your rights are protected and to maximize the value of your claim.

Disability Insurance Claims

Disability insurance is perhaps the most important kind of insurance that an individual can have -- imagine working tirelessly your entire life to develop your career, professional skills and income, only to have it taken away by a serious accident or injury. Many companies provide disability insurance benefits to their employees, and many people have private disability insurance policies, all of which are intended to provide benefits that replace wages when a person can no longer earn his/her wages. These are typically called income replacement insurance policies. Doctors, lawyers, and other professionals may have occupational disability insurance policies that provide income benefits to protect them and their families in the event they become disabled and can no longer perform the duties required by their professions.

In disability situations, we often find that premiums have been paid for several, if not many, years. Despite having paid years worth of premiums in exchange for the security of knowing there is insurance to protect one’s income, people often find that their claims are initially denied. In these situations, we have helped clients pursue their disability income benefits against insurance companies who have wrongfully withheld benefits.

Over the years individuals have turned to the lawyers in our department to assist with every step of the disability insurance process, from submitting the initial claim, which requires a lot of detailed information about the demands of a person’s job and the limitations caused by a person’s injuries, to pursuing litigation on behalf of peoples whose claims already have been denied by the time they hire us. What is true in every instance is that the earlier a person consults with an attorney that understands the disability insurance claims process, the better informed and better protected that person will be.

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Older, Lundy & Weisman Attorneys at Law © 2010 | 3014 West Palmira Avenue, Suite 301, Tampa, Florida 33629 | Phone 813-254-8998 | Fax 813-839-4411

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This website is not intended to provide any legal advice and you should not rely on this website for legal advice. Any statutes or other laws that are mentioned on this website may not have been updated recently and, therefore, the information on this website may not be the most current information available. Any information contained on this website is only potentially applicable to the state of Florida. Older & Lundy, Attorneys at Law, does not give legal advice to anyone until such person has signed a formal engagement letter and becomes a client.

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