How Do Lawyers Settle a Personal Injury Claim With an Insurance Company?
If you have suffered an injury as the result of a car accident in the state of Florida, filing a personal injury claim can be a daunting experience. For instance, what do you do if they offer you a settlement that doesn't cover all the expenses you incurred from your injury? Fortunately, you don't have to go through the process alone. Our personal injury lawyers can walk you through the process of filing a claim with your insurance company.
Understanding Florida Personal Injury Claims
If you were injured in a car accident while driving in Florida, it's important to know that the state is what is called a “no-fault” state. What this means is that you ask for compensation from your insurance company for your repairs and medical expenses.
You also have a limited amount of time in which you can file your personal injury claim. Typically, this is four years from the date of your injury. However, if you're filing a claim against the government due to the negligence of a state employee, then you only have three years to file your claim. While there are some extenuating circumstances, the courts generally won't hear claims that have been brought after the statute of limitations has expired.
For this reason, it is incredibly important that you file your claim in a timely manner. Time goes by quickly, especially when you’re dealing with the headaches that can result from a car accident. Before you know it, you’ve waited too long, and your claim can expire. Let a Miami car accident lawyer help you with your case, and rest assured that you got your claim in properly and on time.
Helping Your Case
Your best chance at getting the compensation you deserve depends on how well you can establish your case. Filing your case too late is the fastest way to risk losing out on your personal injury claim. However, not documenting your injuries or being prepared to argue your case can severely impact what the insurance company will offer you as a settlement.
When you suffer an injury in a car accident, for instance, your first step should be seeking medical treatment. The failure to see a doctor can be seen as negligent behavior and can result in a lower damages award. Keep all records from your visits to the hospital and to your doctor. You will need to submit these papers to the insurance company, and in this case, less is definitely not more.
Medical expenses aren't the only reimbursement you can seek in a personal injury case. For example, if you've missed work as the result of your injuries, you can claim lost wages in your claim as well. However, you'll need to be able to show the amount of wages you lost, so any paperwork you have that can prove this will help you with your claim.
What a Lawyer Can Do For You
If you decide to hire a lawyer help you with your personal injury claim, the lawyer will need to review all your documentation, including:
- Medical bills
- Proof of lost wages
- Repair bills
- Any other expenses you might have incurred as a direct result of your injury
The more information and documentation you can provide, the better off you and your lawyer will be. Once your lawyer has all of the information he needs, he will then be able to draft a demand letter to your insurance company. A demand letter outlines the injuries you've suffered and how the accident has interfered with your day-to-day life. Your lawyer will then make a settlement offer and will demand a response to that offer within a reasonable period.
Once the insurance company responds, your lawyer will discuss their response or, more likely, their counter-offer. If the insurance company agrees with the demand letter, you'll receive the compensation you requested, and the claim will be settled. But it is rarely this easy. When the insurance companies put up a fight, not only do we expect it, but we’re also more than ready for it.
The insurance company likely won’t agree to the demand letter, unless you've vastly undervalued your claim. Instead, they will either want to negotiate for a lower number or will reject your claim altogether. In either case, a lawyer can negotiate further with the insurance company or, failing that, take the claim to court to ensure you get the compensation you deserve.
Leave the Personal Injury Claim Headaches to Us.
Suffering an injury that requires you to file a personal injury claim is bad enough. Dealing with an insurance company that's looking to protect its bottom line can add insult to injury – pun intended.
You risk everything when you handle your claim alone. You could possibly make a mistake that leads to a reduction in your damages award – or the rejection of a damage award at all. Contact a Miami personal injury lawyer to help guide you through the process. Call us at 305-928-2909 and take advantage of our free consultation with no obligation to retain. That’s right – you get to talk to an expert lawyer – for free – and with no upfront cost to you.
Don't let time run out on your personal injury claim. Call us now!