Do All Personal Injury Claims go to Court?

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If you have been in an accident in the state of Florida, you are probably aware that it is a no-fault state. No matter whose fault an accident may be, each driver’s own insurance company will pay their medical bills. But what if your insurance company won’t pay up? What if your medical bills, or damage to your car exceeds the amount of money for which you were covered. You may have to sue your insurance company or the other driver and their insurance company. Even if you do sue them, it is very unlikely that you will go to court. A good personal injury law firm such as, Abercrombie in Winter Haven can negotiate with your insurance company on your behalf.

How Personal Injury Cases are Settled

Many personal injury cases are settled before there is actually a lawsuit. When an insurance claimant is unhappy with the settlement they have been offered, they will seek out a lawyer who will then negotiate a better settlement with the insurance company. It is never a good idea to negotiate with the insurance company on your own. They are staffed with teams of attorneys whose goal it  is to keep the money in house. You need a trained lawyer who is well versed in Florida personal injury law.

A settlement can be offered either before or after a lawsuit has been filed. There are usually several offers made before both parties agree to a settlement amount. Even if you have gone to court, the insurance company may make an offer before a judge has made a decision or while a jury is deliberating.once you have agreed to a settlement amount, you may  not sue the entity for that particular accident again.

There is nothing as exciting or cathartic as a courtroom drama. You can’t help being moved when the earnest attorney makes a passionate argument on behalf of their client. However, in real life no one wants to go to court. It takes a long time to get a court date, you have to pay money for filing fees and, in some cases select a jury. That jury may be sympathetic to you and award you money for pain and suffering, or they may decide that you are exaggerating your pain and suffering and award you nothing. Going to court is normally too risky for both of the parties involved.

What to Bring to Your First Meeting with an Attorney

When you first meet with your lawyer you will want to bring a copy of your accident report and your driving record. Bring any doctor’s bills you may have acquired due to an accident and make sure to bring receipts for any medications you have taken due to the crash. If you have photographs of the damages or names of witnesses, bring those as well. The more information and documentation you provide, the better chance your attorney has of getting you a good deal.

It is easy to get discouraged or frustrated when dealing with an insurance company after an accident. But with the right lawyer, a little research and lots of documentation, you can seek justice, whether or not you have your day in court.

*Authoritative Sources:

https://www.valuepenguin.com/fault-or-no-fault-accident-decision-affects-auto-insurance-claims

https://m.wikihow.com/Find-a-Good-Attorney

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Founded in 1994 by the late Pamela Hulse Andrews, Cascade Business News (CBN) became Central Oregon’s premier business publication. CascadeBusNews.com • CBN@CascadeBusNews.com

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