Many of my clients are interested about the relevance of who got the traffic ticket and why.  Although the traffic ticket is helpful prior to filing suit to prove negligence, the admissibility in a trial court never occurs.  The short reason is that the traffic ticket is a hearsay document created by the investigating law enforcement officer.  The definition of hearsay is an out of court statement which is inadmissible in a court of law. 

The traffic officer arrives on the scene and listens to the out of court statements about what happened and issues his statement as to who is at fault.  The jury will never hear who got a ticket and this frustrates many of my client.  The investigating officer can testify as to where the vehicles were when he arrived on the scene and the damages to the car but he cannot state who got the ticket.

The fact that the traffic ticket is inadmissible is why you need to retain counsel early in a case.  It is important to obtain statements from the various witnesses in the case.  The insurance industry dispatches investigators immediately and it is crucial that my client’s rights are protected by obtaining our statements early.       

When my client settles with an insurance company in an automobile accident, the insurance company will forward a check and release for my client’s signature. This is done before a notary.  Additionally, there will be a closing statement to instruct the disbursement of the funds between the client, my office and any healthcare providers who have outstanding balances.

Once the check is signed, it is deposited in a trust account which is monitered by the Florida Bar.  The check must remain in the trust account for seven to ten days. 

Once the check has cleared, a final disbursement is given to the client.  These funds at closing are tax- free because they are not earned income.

Many times our clients are not able to come to the office to sign the appropriate documents.  This is why my office is helpful in the fact that we are able to come to you and make the closing process easier.  I feel this is another personal aspect of my office which makes it more client- friendly than the large advertisers on television.