How Does the Personal Injury Claim Process Work?

Car accidents can result in devastating consequences and depending on the seriousness of the collision, a person could suffer from fractures, burns, amputations, and even brain and spinal cord injuries. More importantly, hospital bills, car repairs, and general damages may accumulate after a car accident. If you’re considering a personal injury lawsuit, below is a general overview of some of how the whole process works.

Get Medical Treatment: Florida has Personal Injury Protection (also called “PIP” or “no fault”) automobile insurance. Under Florida’s PIP laws, drivers are required to carry insurance to cover the driver’s own injuries and lost wages, regardless of whether the accident was the driver’s fault or the fault of the other driver. Under Florida law, an injured driver must seek treatment within fourteen days to receive PIP benefits. If you have PIP automobile insurance, you should consult your family doctor or go to an emergency room as soon as possible—even if you do not think your injuries are severe. Some injuries do not manifest themselves immediately after an accident. You do not want to be prevented from recovering PIP benefits because of this technicality.

Hire and Retain an Attorney: After an accident in which you have been injured, you should seek legal advice as soon as possible. An experienced attorney will know how to handle your case properly and protect your rights. You want to locate the attorney best equipped to handle your case, and you don’t want to delay. Although the value of hiring an attorney varies with each situation, having experienced legal counsel will help anyone injured in a car accident improve their chances of getting a high claim settlement.

If you’re not sure whether to hire an attorney or handle the claim yourself, you can always get a free consultation to evaluate all of your options. Most law firms don’t charge for an initial office visit and can review your case and possibly point out some information about your case you hadn’t considered. Retaining an attorney can result in a much higher net settlement, if not, at least you had a highly trained professional review your case for free.

File a Claim with Your Insurance Company: You can either file a claim with your own insurance company, which is called a first party claim, or with another driver’s insurance company, which is called a third-party claim. The laws, procedures, and reasons for filing each type of claim are different. Florida has a no-fault insurance system which means each driver’s medical bills and related expenses are covered first by his or her insurance carrier, regardless of fault. However, for property damage, you can pursue a claim against the atfault driver’s insurance. Every driver must carry at least $10,000 in personal injury protection (PIP) insurance and $10,000 of property damage liability insurance pursuant to Fla. Stat. § 627.736.

Prepare a Demand Letter: Car insurance settlements are determined by the facts of your case, the language of the car insurance policy, and the controlling law. To be eligible for compensation from a driver who caused a crash, injury victims need to show that the driver was negligent. Every motor vehicle operator has a legal duty to drive with reasonable care and in a way that does not put others at risk of injury. When liability after a car accident is contested, an investigation may become necessary to establish negligence. A car accident lawyer will know where and how to look for evidence that supports your case. At Suarez and Montero, we thoroughly research evidence, medical records, and police reports and examine the specifics of your case to arrange the best possible settlements with insurance companies.

Filing Suit: If the other party offers a low-ball amount or outright rejects a reasonable settlement, then your legal team will switch gears and be ready to file a lawsuit to try to get you the best compensation possible.

Discovery: This is a period of time when both sides of a lawsuit share documents and other evidence, as requested. Prior to trial, the opposing parties obtain further evidence from one another, and each is able to evaluate the comprehensive nature of the other side’s case. It is often not just what information you seek through the discovery phase; it’s how you do it.

Mediation: Mediation is simply an informal proceeding in which the parties attempt to reach an agreement in the matter. The steps one makes in mediation can have long-lasting effects in a case, so it is important to have someone who is trained and experienced in the area. We have extensive experience with mediation and handling negotiations. experience successfully mediating high-value cases.

Trial: When a case can’t be settled, it goes before a judge and jury. It is during this time that your attorney will argue your case, which includes interviewing expert witnesses.

Contact us today at 786 Lawyers for a free consultation!
After any type of crash, you should consider talking to a car accident lawyer to learn what your rights and obligations are under the law. Let the personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.