When you are injured due to the negligent actions of another party, it can be incredibly difficult to navigate these matters. Unfortunately, you’ll find that the process of filing a claim can be complicated, and it may deter you from fighting for the compensation and justice you deserve. As such, understanding what to expect when filing a personal injury claim against another party and what happens in the event you cannot settle with the insurance. The following blog explores these matters as well as the importance of contacting an Orange County personal injury attorney to assist you during these complicated times.
How Do I File a Personal Injury Claim?
When you are involved in an accident in Florida, whether it is a slip and fall or auto accident, you’ll need to file a claim through your own Personal Injury Protection (PIP) insurance. This is because Florida is a no-fault state for accidents, meaning drivers must carry the minimum PIP insurance coverage. It’s important to understand that PIP insurance will only cover up to 80% of your medical bills. However, in the event your injuries exceed your coverage amount, you may need to file a claim against the negligent party for the damages you’ve endured.
As such, if you need to pursue compensation from the negligent party, you must file a claim through their insurance carrier. Once you file the claim with the necessary supporting evidence, the insurance company will offer you a settlement for the injuries you’ve endured. Generally, this offer will be considerably lower than the value of your injuries, as the insurance company will look to pay you as little as possible. You may negotiate this amount to fight for the compensation you deserve.
What Happens if We Cannot Reach a Settlement?
In the event you cannot reach a settlement with the negligent driver’s insurance company, you may need to proceed to trial to fight for the compensation you deserve. As such, understanding what to expect in the event you cannot reach a settlement is critical.
Generally, when you file a lawsuit against the negligent party, the first thing that happens is the discovery period. This is when you and the other party will exchange information and documents related to the case, allowing you to understand the other party’s strategy and the evidence they’ve collected.
Once discovery ends, the trial can begin. At trial, your attorney will present arguments, provide evidence to support your case, and question witnesses. The defendant’s attorney will do the same to try to prove that their client was not negligent or less negligent than you claim. After the trial ends, the jury will issue a decision on the matter. It’s important to understand that either party may appeal the decision after the trial ends if they have the legal grounds to do so.
As you can see, navigating these matters can be incredibly difficult due to the legal complexities you can face in these matters. That’s why it’s critical to connect with an experienced personal injury attorney with Tropical Injury Law Firm. Our dedicated legal team understands that these cases can be overwhelming, especially when you are navigating the aftermath of an injury. That is why we are committed to guiding you through this process and exploring all avenues to help you recover the compensation you deserve. Contact us today to learn how we can assist you.
