How Will it Take to Recover from My Injury?
When you are dealing with a serious problem, you want to know when it will be resolved. The same thing goes for personal injury claims. If you've been injured due to someone else's negligence, you might feel like there is no relief in sight. However, you might be able to get benefits for your injuries and lost wages with the help of an attorney.
Pre-Suit Settlements in Florida Personal Injury Claims
Not all injury cases go into a lawsuit. In fact, a lot of claims can be resolved through negotiations with the appropriate parties. These groups most often include insurance companies, other companies, the individual(s) at fault, or business owners.
If you choose to hire an attorney for help with an injury claim, they will prepare a demand on your behalf. This document is a detailed account of:
- The accident that happened
- Why it should have been prevented
- Who should be held responsible
This is a very detailed report and often includes medical records or other supporting materials. Usually, they are sent to insurance companies, who then have a certain amount of time to respond to the demand.
The defendant can choose to pay the amount of money demanded or submit a counter offer. Once your attorney receives the offer, they review it with you and try their best to make sure the settlement covers the costs of the accident. If you choose to accept the amount they are willing to pay, then you will have to sign a release before getting a settlement check.
A personal injury release includes language that very clearly releases the person or business at fault from being held responsible for any further payments arising from the claim. Some cases can get complicated, so a release may also include a line or two stating that the injured person may still be responsible for some payments, including health insurance liens.
When to settle a personal injury claim is up to the claimant. An attorney can advise you on the direction of your case and whether or not your accident warrants further action, which means filing a lawsuit.
While you wait for your case to settle, it can be difficult to pay your bills and other financial obligations. Is settlement funding a good idea? Be sure to talk to your attorney before you pursue this option.
Lawsuit Settlements in a Florida Personal Injury Claim
If your case does not reach a settlement that is enough to cover your injuries, filing a lawsuit may be your only option. Your attorney may also advise that you immediately pursue a lawsuit if your injuries are severe or the at-fault person's actions were extremely negligent.
You, your attorney, the defendant, and their attorney will appear before a judge and jury in a court of law once your case makes it to trial. Here, your attorney will present details about your accident and injuries. Once each party has had a chance to argue the aspects of the case, the jury will decide how much liability rests with the defendant. They also decide how much money the plaintiff, or the injured person, should be awarded based on that degree of fault.
Once the trial reaches a conclusion, the judge will put in an order that demands the defendant to pay. Unfortunately, some defendants may not be able to pay for the amount of damage they have caused. In these cases, further legal action may be necessary.