If you have sustained damages in an accident that was not your fault, whether that be an accident at work, a road traffic accident, etc., then you may be considering making a claim. However, it is common to see some individuals holding off on this due to the fear of having to go to court when in actual fact, it is possible to avoid court proceedings altogether.
Most personal injury claims will be able to be settled out of court. In fact, some data suggests that only 2-3% of civil cases have to go to trial. Whilst this may sound like a plus, some insurance companies may give you an unfair settlement offer so that they can settle the claim quickly and without requiring a court hearing. A personal injury lawyer from The Law Place will be able to work with you and help you make sense of whether you should or should not settle out of court.
Here at The Law Place, our injury personal injury lawyers have 75 years of combined experience in dealing with civil cases such as your own, and many of our team are AVVO 10.0 rated! You can therefore be confident in our abilities to help you get the compensation settlement that you rightfully deserve. If you wish to learn more about our law firm and what we can do to help you, then contact us today to organize a free consultation with our attorneys.
Call us using our toll-free phone number, (941) 444-4444. Phone lines are open 24/7 for your convenience!
Can Personal Injury Claims Be Settled Out of Court and How Long Will It Take to Settle?
Yes, the majority of accident claims are, in fact, settled out of court! The length of time required to settle your personal injury claim will depend on the specific case details. Therefore, it is very difficult to provide a universal time frame for how long court proceedings may take.
If you choose to hire legal representation for your case, then your attorney will first begin by undertaking the negotiation phase of the claims process. During the negotiation phase, you and your lawyer will be able to make demands with your insurer (as well as the at-fault driver’s insurance company in the case of a road accident). Many claims are settled at this point, and thus there will be no more necessary steps. You simply argue your desired settlement offer and will hopefully be awarded this amount.
However, if you are not offered a fair settlement, then it may be in your best interests to move forward in the legal process and consider filing a lawsuit against the defendant. Lawsuits can be tricky, so it is best to have a lawyer help you with this. The first step of a lawsuit is referred to as the discovery stage. The trial discovery stage will allow both the claimant and defendant to question one another and gather all necessary evidence and documentation. At this stage, your attorney is likely to speak to any witnesses, refer to police reports, call for experts, etc. If both sides fail to reach an agreement here, then a mediator may be used to help settle the claim out of court.
Finally, if mediation also fails, then it may be time to go to court. In a court hearing, your claim will be presented in front of a judge or jury by your attorney. A court trial can last anywhere between a couple of days to several months. The specific length of time will depend on the details of your case. Please note that if your personal injury claim is successful, then it is common to expect your compensation to be received within 21 days of the judgment. If you do not receive your payment, then contact your lawyer.
Do I Need to Go to Court?
Despite a vast majority of civil cases settling out of court, it may, instead, be in your best interests to start court proceedings. Your attorney may decide that your insurance company is not offering a fair settlement, and you should instead go to court. When considering whether or not to start court proceedings, you and your lawyer may discuss the following:
Your Settlement Offer
This tends to be the number one deciding factor for whether or not to take personal injury claims to court. Your attorney will help you understand whether your insurance company has made you a fair compensation offer. Unfortunately, many insurance companies hold out on giving a fair offer unless an experienced and resilient lawyer gets involved in the case and informs them of the likelihood of being taken to court.
Legal Expenses
Legal expenses will include any costs related to particular motions, discovery, and depositions, as well as any attorney fees. However, many attorneys, including all who work at The Law Place, will operate on a contingency basis. This is essentially a no-win-no-fee guarantee and means you will not be charged a thing in the unlikely scenario your claim is not successful. Your attorney will take any fees from the compensation amount you are awarded.
The Toll on Your Mental Health
Taking personal injury claims to court can take a toll on your mental health. Some individuals report that it caused added anxiety and stress. Your attorney will help you decide whether or not going to court will be too much to handle.
Existing Commitments
Going to court can take up a lot of time and energy. If you already have inescapable work or family commitments, then this can cause some work-related issues or household stress. Our attorneys will try their absolute hardest to minimize the amount of energy you have to put into your case but, depending on its complexities, this may be unavoidable and something you have to consider.
Trial Type
When you make a claim for compensation, your civil case will be assigned to one of two trial types; judge trials or jury trials. A general rule is that jury trials tend to side more so with the defendant. If you are a claimant in a jury trial, your lawyer will offer the necessary legal advice regarding the likelihood of your case being successful.
A lawyer from The Law Place will be able to help you determine the best route for your personal injury claim. Contact us today to schedule a free consultation and to gain the necessary legal advice required for making this decision.
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What Can I Do to Protect My Rights Before Going to Court in Florida?
If you have been involved in an accident, then it can bring about a variety of physical, mental, and financial damages, so it is important you do everything in your power to ensure you get the compensation you deserve. To protect your rights, you should consider the following points:
Do Not Admit Liability
You should never admit liability after an accident. Admitting fault can include even saying sorry at the scene. Liability can only be legally determined by a judge/ jury or if voluntarily assumed by a person. However, you should also never make a misleading or false statement to the police, as this can be extremely detrimental to your claim.
Hire an Experienced Lawyer
Every individual has the right to hire a legal representative to help them with protecting their rights in a civil claim. An experienced lawyer from The Law Place will be able to calculate damages, communicate with the relevant insurers and liable parties, document evidence, and assert your legal rights in court.
You do Not Have to Accept Your Insurance Company’s First Offer
Your insurer may take days or weeks to come back to you with an offer. In some cases, this may not even cover your losses. If you believe your compensation offer is not representative of your damages, then you can choose to take the claim further and not accept their first offer.
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What Damages Can I Get in My Compensation Settlement?
Possible personal injury compensation resulting from an accident can take the following forms:
Loss of Earnings
If your accident has meant that you have needed time off from work, whether that be to recover from injuries or suffering from your mental health, then you can include any lost wages in your claim request. Similarly, if you cannot return to work or have had to transfer to a less demanding role, you could claim for a loss of earning potential.
Pain and Suffering
Pain and suffering damages are used to compensate the victim for any mental or physical suffering they ensured, as well as any loss of enjoyment in life, as a result of their accident. Loss of enjoyment encapsulates any activities you can no longer take part in because of your accident, which you once regularly enjoyed. Pain and suffering can, however, be difficult to prove and to determine an appropriate settlement value, so it is recommended to have an experienced lawyer do this for you.
Medical Bills
It is, unfortunately, likely that you may have sustained some injuries in your accident and had to seek medical attention. Any medical bills can be accounted for within your compensation claim. Similarly, if you have injuries that will require ongoing treatment, any future predicted expenses could also be accounted for.
Property Damage
If you have been involved in a road accident, then it is likely your vehicle has sustained some damage. Any resulting repair or replacement costs can be considered within your claim, as long as you have evidence for these costs (e.g., in the form of receipts from the repair shop).
Wrongful Death
If you have sadly lost a loved one in a fatal accident that was not their fault, then you may be able to file a wrongful death lawsuit. The details of this are laid out in Florida Statute 768.21. If your wrongful death lawsuit is successful, then your compensation is likely to cover any necessary funeral costs, remaining medical bills, and loss of consortium.
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Is There a Time Limit on My Personal Injury Claim?
If you wish to make a claim, then you will have to abide by the strict statute of limitations in place throughout Florida. A personal injury claim will have two years from the date of the accident before it will be barred from the claims process. This essentially means that if you, as a claimant, do not make a claim within two years from the date of your personal injuries, then you will be unable to ever receive compensation for your injuries and damages. In the unfortunate case that you have lost a loved one because of the negligent act of a defendant, then you will have two years from the date of their passing to file a wrongful death lawsuit.
Furthermore, Florida Statute 627.736 lays out the strict time limits on seeking medical care. You must seek medical treatment within two weeks of sustaining your injuries. This is both for your own health and safety (as you may have an injury that is not visible but requires treatment, such as organ damage) but is also in place to protect your claim. Insurers can use the fact that you did not receive medical treatment to diminish or completely deny your claim.
Understanding Insurance Company Tactics
Insurance companies are in the business of making money, which often means they employ various tactics to minimize payouts on accident claims. Recognizing these strategies can empower claimants during settlement negotiations, ensuring they are not undervalued or dismissed. Here’s an insight into some common tactics used by insurance companies and how understanding them can aid claimants:
Quick Settlement Offers
One of the first tactics often used is the quick settlement offer. Insurance companies may offer a settlement soon after the accident, hoping that the claimant, possibly overwhelmed by medical bills and lost wages, will accept without fully understanding the extent of their injuries or the total value of their claim. It’s crucial to consult with a personal injury attorney before accepting any offers, as they can help assess whether the offer fairly compensates for all damages.
Requesting Unnecessary Information
Insurance adjusters may request extensive and sometimes irrelevant information from claimants, hoping to find discrepancies or reasons to reduce the payout. While it’s important to cooperate, claimants should be wary of providing information that is not directly related to the claim. Legal representation can help determine what information is necessary and relevant.
Disputing Medical Treatments
Another common tactic is disputing the necessity or cost of medical treatments. Insurance companies might argue that certain medical procedures were unnecessary or too expensive, attempting to reduce the amount they have to pay. Having detailed medical records and a doctor’s testimony can help counter these claims.
Surveillance and Social Media Monitoring
Insurance companies may monitor claimants’ activities, including social media accounts, looking for evidence that contradicts claims of injury or loss. It’s advisable to limit social media activity and discuss with an attorney what is safe to post.
Misrepresenting Policy Terms
Adjusters might misinterpret or misrepresent the terms of the insurance policy to claimants, suggesting that certain damages aren’t covered when they are. Understanding the specific terms of the involved insurance policies can help counter these misrepresentations.
Shifting Blame
Insurance companies may attempt to shift blame to the claimant to reduce their liability. They might suggest that the claimant’s actions contributed to the accident, thereby reducing the compensation they’re entitled to under comparative negligence laws. A skilled attorney can help establish the other party’s liability and protect the claimant’s rights.
Underestimating Non-Economic Damages
Non-economic damages, such as pain and suffering, are often harder to quantify than medical bills or lost wages. Insurance companies might undervalue these damages, leading to a lower overall settlement. An experienced attorney can help quantify these damages and argue for fair compensation.
Delaying the Claims Process
By prolonging the claims process, insurance companies may hope that claimants become desperate and willing to accept lower settlements. Staying patient and having legal representation can mitigate this tactic.
How The Law Place Can Help
When navigating the complexities of insurance claims and settlement negotiations following an accident, having a lawyer from The Law Place by your side can significantly impact the outcome of your case. Our attorneys understand that insurance companies prefer to settle accident claims out of court to avoid the unpredictability of a trial, and they use this knowledge to your advantage during settlement negotiations.
A lawyer from The Law Place can help you by thoroughly evaluating the monetary value of your accident claim, taking into account not only your current medical expenses but also future care needs, lost income, and the impact on your quality of life. They are skilled in compiling comprehensive evidence to support your claim, from medical records to expert testimonies, ensuring that the full extent of your injuries and losses is presented to the insurance company.
Our attorneys are also adept at navigating the often complex language of insurance policies and can identify any instances where the insurance company disputes coverage unjustly. They understand the tactics insurance companies use to minimize payouts and are prepared to counter these strategies effectively. By demonstrating a readiness to take your case to trial if necessary, your lawyer can put additional pressure on the insurance company to offer a fair insurance settlement.
In cases of disputed liability or when accident victims face challenges proving the other party’s fault, a lawyer from The Law Place can be instrumental. They can investigate the accident, gather necessary evidence, and construct a solid argument that establishes the other party’s negligence. This is particularly important in personal injury cases where the outcome heavily depends on proving fault.
For injury victims, especially those dealing with severe injuries from car accidents or other incidents, having legal representation ensures that their rights are protected throughout the entire process. A lawyer from The Law Place will handle all communications with the insurance companies, allowing you to focus on your recovery without the stress of settlement negotiations.
Ultimately, a lawyer from The Law Place is committed to securing the maximum compensation possible for your injuries and losses. They provide personalized attention to each case, offering guidance and support from the initial consultation through to the resolution of your claim. If you’re dealing with the aftermath of an accident, partnering with The Law Place can enhance your chances of achieving a successful outcome, whether through an out-of-court settlement or, if necessary, a court trial.
Do Insurance Companies Settle Accident Claims Before They Go to Court? FAQ
Do insurance companies prefer to settle accident claims before they go to court?
Yes, insurance companies prefer to settle accident claims out of court. Settlement negotiations are common in personal injury cases, including those involving car accidents. Insurance companies often choose to settle to avoid the unpredictability of a trial, the public exposure of a court case, and the potential for a larger jury award than the settlement offer.
What factors influence the decision of an insurance company to offer an out-of-court settlement?
Several factors can influence this decision, including the strength of the accident victim’s case, the clarity of liability, the amount of medical expenses, and the overall monetary value of the insurance claim. Insurance companies assess the risk of going to trial versus the cost of a settlement. If the evidence strongly supports the victim’s claim and the insurance policy covers the damages, an out-of-court settlement is more likely.
How do settlement negotiations work in personal injury cases?
Settlement negotiations in personal injury cases typically begin after the accident victim, through their personal injury attorney, submits a demand letter outlining the details of the accident, the injuries sustained, the medical expenses incurred, and the compensation sought. The insurance company reviews the demand and either accepts it, rejects it, or makes a counteroffer. Negotiations may go back and forth until both parties reach an agreement.
Can accident victims negotiate their own insurance settlements?
While accident victims can technically negotiate their own insurance settlements, it is generally not advisable. Personal injury attorneys have the experience and knowledge to handle settlement negotiations effectively. They understand the legal nuances, can accurately assess the value of the claim, and are skilled in negotiating with insurance companies to secure fair compensation for injury victims.
What happens if the insurance company disputes the accident claim?
Common reasons for insurance claims being disputed include questions over liability or the severity of injuries. In such cases, having a personal injury attorney becomes crucial. An attorney can gather additional evidence, negotiate assertively, and, if necessary, prepare to take the case to court to ensure that the accident victims receive the compensation they deserve.
Are there any types of injuries that impact the likelihood of an insurance settlement?
Yes, the type of injuries can significantly impact the likelihood and size of an insurance settlement. Cases involving the most serious injuries, such as severe injuries that result in long-term disability or require extensive medical treatment, typically have a higher monetary value. Insurance companies are more likely to offer higher settlements in these cases to avoid the costs and risks associated with a trial.
Should I accept the first insurance settlement offer?
It is generally not recommended to accept the first insurance settlement offer, especially without consulting a personal injury attorney. Initial offers may be lower than the actual value of the insurance claim and may not fully cover all medical expenses and other damages. A personal injury attorney can evaluate the offer, negotiate for a higher amount, and advise you on whether the offer is fair and adequate for your losses.
How long do settlement negotiations take in personal injury cases?
The duration of settlement negotiations in personal injury cases can vary widely depending on the complexity of the case, the extent of the injuries, and the willingness of the insurance company to negotiate. Some negotiations can be concluded in a matter of weeks, while others may take months or even longer, especially if there is disputed liability or if the injury victims have sustained the most serious injuries requiring ongoing medical care.
What types of personal injury cases does The Law Place cover?
The Law Place covers all types of personal injury cases, whether you have been involved in a car accident, a slip and fall incident, or any other situation where you suffered injuries due to someone else’s negligence. Our experienced personal injury attorneys are equipped to handle the full spectrum of cases, from those involving minor injuries to the most serious injuries with severe impacts.
Contact a Personal Injury Lawyer From The Law Place Today!
If you or somebody you know has recently been involved in an accident that was not their fault in the State of Florida, then call The Law Place today! Our attorneys recognize how traumatic and challenging this time can be and are more than happy to use our years of experience and breadth of knowledge to help you receive the compensation you so rightfully deserve.
Our team will work round the clock to gather all of the necessary evidence and details required to ensure your claim is successful. The Law Place works using a strict no-win-no-fee guarantee, so you don’t even have to worry about hidden legal fees and upfront costs when working with us.
Call our office today using our toll-free phone number, (941) 444-4444. We will be able to schedule your free consultation and answer any questions you may already have.
