Last Updated: July 16th, 2019 at 2:14 pm
Read Time: 10 Minutes
LiabilityLiability is the state of being responsible for the accident or conditions that led to injuries. In a personal injury case, it must be proven that a driver or entity, such as a business, is responsible for the accident or injuries. If liability is disputed, it can take longer to resolve a claim. It’s important to recognize that Florida is considered a “no-fault” state, which means that when it comes to making an insurance claim, drivers have benefits to cover medical bills and lost wages no matter who caused the accident. However, this does not mean you can’t bring forward a personal injury claim. If your medical bills and lost wages exceed the policy’s limit, a victim can file a lawsuit against the driver at fault for the crash.
The Personal Injury Claims ProcessThe first step in a personal injury claim is getting medical treatment so that your injuries are documented. No matter how you were injured, whether at work, in a car, or as a pedestrian, you should always receive medical aid. Keeping track of your medical treatments, appointments, and injury status daily can really help an attorney tell your story to the insurance company. Photographs of injuries and medical procedures can add great value to your claim. Contact an attorney as soon as you're able. Your attorney can begin the claims process as you recover from your injuries. During this time, your lawyer may gather all the necessary records, including a police report, if one was filed, medical records, insurance information, and more.
Making a DemandA demand letter will be sent to the insurance adjuster that will detail the amount needed to settle your case. The lawyer should note that if the demand is not met, a lawsuit will be filed. If your lawyer does not receive a response, they may follow up with a phone call.
What Response Time Can You Expect for a Personal Injury Demand Letter?Once you have healed from your injuries, you will need to send a demand letter to the at-fault party’s insurance company. This demand letter will lay out the key points on what happened during the incident and the injuries you sustained as a result. In order to receive the best offer, make sure your attorney has the following: an itemization of all damages, including medical bills, lost income, and any other expenses you incurred as a result. Overall, an attorney will make sure your letter includes:
- The reason the other party is legally responsible
- The traumas the injured person faced and currently faces
- The information about medical treatment and how much it costs
- The income loss
- The type and cost of potential future medical treatment
- Any other damages suffered
How Long after a Demand Letter Does a Settlement Take?After a demand letter has been sent and received, the length of time the settlement will take varies depending on many factors regarding your case. In certain situations, the insurance company may accept your initial demand amount and pay it immediately—although this is rare. In most cases, securing a settlement between the victim and the insurance company will takes some time for negotiations. Usually, after your demand letter has been sent, the insurance company will reject the requested amount and come back with a lower amount. You and your attorney will need to converse about the pros and cons of whether or not to accept this new amount. This process can go back and forth until a dollar amount is agreed upon by both parties.
Negotiating A Personal Injury SettlementThe insurance company will evaluate your demand and attempt to point out weaknesses, such as unnecessary medical treatments, gaps in your treatment, or even pre-existing injuries. They will then issue a counteroffer to your demand, which is usually lower than the initial demand. How long it takes to reach a settlement depends upon the monetary goals set by both the injured party and the insurance company and the willingness to be flexible during negotiations. Negotiations can take weeks or months depending on the unique characteristics of each case.
Filing A Personal Injury LawsuitIf each party cannot reach a settlement, your lawyer can file a lawsuit against the defendant. By filing a lawsuit, your attorney is showing that you're serious about receiving a fair and just settlement. Filing a lawsuit does not necessary mean you go to court. After filing the lawsuit, the defendant may continue to negotiate a personal injury claim settlement. If you do go to court, it could take some time after the lawsuit is filed to actually go to trial. The length of the trial will depend on the complexity of each case. Should you reach a settlement before going to court, which is also common, your lawyer will inform the court the case has been settled.
Why Is My Lawsuit Taking So Long?There are a variety of reasons which may come into play and affect how long your personal injury case is taking. However, the most common reasons include:
- There are legal or factual problems with the case
- The case involves a large amount of money
- The insurance company requested documents/other information that could greatly affect the offer
- You have not reached a point of maximum medical improvement from your injuries
There Are Problems with the CaseThe total worth of any personal injury case is calculated by considered liability, or who was at fault; and damages, or how badly the plaintiff was injured. In situations when it is difficult to prove liability, the insurer most likely will not make a practical settlement until the plaintiff’s lawyer proves that the defendant was at fault. Problems with damages are also common. This might involve an issue like a physician stating that the defendants’ negligence may not be entirely to blame for the plaintiff’s injury. It is your attorney's responsibility to prove that the defendant’s negligence caused your injuries.
The Case Involves “Big Money”A big factor that often postpones settlement is if the case involves a large sum of money. The simple fact is that insurers will almost never pay big money on a settlement until they have done their due diligence. This will most likely entail investigating every aspect of the liability and damages surrounding the case. The insurer will almost never prepare to settle for a reasonable amount of money until you successfully convince them that:
- They don’t have a solid defense to the case.
- Your injuries are related to the case and are as severe as you claim them to be.
- They cannot attack your credibility.