After a car accident, there are so many things that could potentially cause financial hardship. You have to take into account various factors such as losing your mode of transportation, time spent off work, and medical bills.
An individual can file personal injury claims to help mitigate the cost. The two ways to get a claim is through either settling out of court or pursuing a personal injury lawsuit.
Here's what you need to know about the process and which one is better for your particular situation.
First of all, it's important to understand how a personal injury lawsuit works in Florida.
All drivers in the state must have some form of insurance that comes with Personal Injury Protection. Florida is a no-fault state, which means that drivers are responsible for their own medical expenses and accident-related damages.
However, your insurance company can determine fault after the fact. This is especially important if your medical bills have exceeded what your insurer can cover.
Assuming you know the other driver is at fault, why you should settle a lawsuit?
One reason to settle is that you can't determine a significant level of fault. This helps the judge decide what exactly you are owed. The other driver may have been distracted and on the phone, but your lawyer may not be able to prove that.
Another reason to settle is that you'll get a quicker payout. Lawsuits take a lot of time, and you may need that money as soon as possible.
Finally, the settlement process is much easier than litigation. Both parties often prefer to settle things out of court so that they can avoid the extra costs of legal proceedings.
After you hire a lawyer, they will let you know what they think about the case. You should follow their legal expertise and avoid settling too early.
The main reason you want to go to court is so you can get a higher damage award. Determining fault can easily earn you more money than if you accepted the first settlement. Often, the insurance company will use the first settlement as a way to avoid further legal proceedings.
Additionally, pursuing a lawsuit can compel the defendant to settle. In some cases, they won't even offer a decent amount or refuse to pay outright. The lawsuit could be your only option to get any kind of compensation.
The best way to know what to do with personal injury claims is to speak with a lawyer. They can assess and determine whether you have a strong case. Your lawyer will also act as the middleman between you and the defendant's insurance company.
VG Law Group is here to assist with your personal injury and insurance claims. Our main office is in Plantation, but we also assist in the Fort Lauderdale, Orlando, and Port St. Lucie areas. Contact us to learn more.
