Comprehending the Settlement Negotiation Process With the At-Fault Party’s Insurance Company
Understanding the process of negotiating a settlement with the at-fault party’s insurance company can help you decide whether to hire a Florida personal injury lawyer. This process involves several steps, including obtaining evidence, documenting your damages, and making demands of the at-fault party’s insurance provider.
If you find the prospect of negotiating a settlement overwhelming, you don’t need to worry. You can hire a personal injury lawyer to negotiate on your behalf.
The Process of Negotiating a Settlement After an Accident
The process of negotiating a settlement after an accident generally involves:
Securing Evidence That Proves Who Caused the Accident
For fort lauderdale car accidents lawyer , Florida is a no-fault insurance state, which means your own insurance company may provide some compensation for your accident through your personal injury protection policy, per Florida Statutes § 627.736. However, establishing the other party’s fault for any accident is important. If another party caused the accident, their insurer may also owe you money.
You and your attorney will seek evidence that helps prove fault for your accident, which may include:
- Eyewitness accounts
- Video footage
- Photographs of accident-related damage
- A police report
Such evidence will be a key piece of the settlement process with the at-fault party’s insurance company. Your attorney can explain the steps necessary to build a strong accident injury claim.
Documenting the Damages You’ve Suffered Because of the Accident
When you are negotiating with insurance companies after an accident, you must prove how the accident has negatively affected you. To do so, you and your attorney will obtain:
- Medical records
- Images of injuries
- Medical bills
- Invoices for the repair or replacement of damaged property, such as your car
- Experts’ testimony about your physical, emotional, and psychological injuries
- Any other documentation that helps prove the economic and non-economic cost of your accident
You may face several claims negotiation tactics from insurance companies or civil defense attorneys. Concrete proof of your damages will help render those tactics ineffective.
Determining Exactly How Much Compensation You Deserve
You and your attorney then determine exactly how much money you deserve after your traffic accident. You will add up your economic damages, calculate your non-economic damages (including pain and suffering), and project any ongoing damages you’ll experience in the future.
Your settlement agreement terms will reflect your damages. You can insist that liable parties meet your terms, but you should be ready for trial if they do not negotiate in good faith.
Reviewing the Third Party’s Insurance Coverage
You and your attorney will become well-versed in your insurance policy, as well as any third-party policies that could help cover your losses. You will determine:
- The cost of your damages
- The amount of compensation your own policy provides
- The amount of compensation the third party’s insurance should provide
- Whether you may need to file a lawsuit, or whether insurance should adequately cover your losses
Most personal injury lawyers are fluent in the language of insurance policies.
Negotiating With the Insurance Company
The insurance settlement negotiation is a key point in any accident case. You will:
- Present evidence of the at-fault party’s negligence, which presumably caused your accident
- Present documentation of your accident-related damages
- Explain how you calculated the cost of your damages
- Negotiate tirelessly for the settlement your damages entitle you to receive
Obtaining a fair settlement will be your attorney’s mission, and most cases are resolved in settlement negotiations. However, you should be prepared to take your case to trial.
Determining If Further Legal Action Is Necessary
If you exhaust several rounds of negotiations and the liable parties still refuse to pay you fairly, you and your attorney will discuss whether a trial is necessary. The option to try a case should grant you leverage during the insurance claims process. Your leverage has a deadline, though. Per Florida Statutes § 95.11, personal injury victims generally have two years to file a lawsuit.
Why You May Hire a Lawyer to Negotiate a Settlement for You
You may hire a lawyer from because:
- You are focused on recovering from your injuries
- You have lost a loved one and need to mourn properly
- You have little time or energy to dedicate to an insurance claim (let alone a lawsuit)
- You want help from a law firm that has proven its ability to secure money for accident victims
Most personal injury law firms will pay the cost of completing your case and will only receive a fee if they succeed for you.
Choose a Law Firm Who Will Fight for Complete Financial Coverage of Your Accident-Related Damages
Your law firm should include all your accident-related damages in your case, including:
- Pain and suffering
- Medical bills
- Lost income and diminished earning power
- Mental health treatment
- Property costs
- Any other economic or non-economic damages
No damage is too small to include in your case. With the help of your law firm, you can determine every way in which the accident has caused you harm, and they will demand that the liable parties pay you fairly.
Call the Law Offices of Wolf & Pravato Today for a Free Consultation
Let a Florida personal injury attorney from our team fight for the justice you deserve. We offer compassionate representation, and we always plan to win for our clients.Contact the Law Offices of Wolf & Pravato today. Call (954) 633-8270 for your free consultation.
