In Florida, traffic accidents are unfortunately a common occurrence, with over 390,000 incidents reported in a recent year. These accidents resulted in more than 250,000 injuries and thousands of fatalities, underscoring the need for reliable legal assistance. However, despite the high number of accidents, less than 5% of personal injury claims actually go to trial. Instead, most cases are settled through negotiations or mediation, offering a more efficient resolution process for victims.
At Distasio Injury Law Firm, legal professionals understand the importance of navigating these claims with care and precision. The attorneys follow a structured process, ensuring clients are well-supported at every stage of the claim. Additionally, Florida follows modified comparative negligence, meaning that if the injured party is partially responsible for the accident, their compensation will be reduced according to their share of fault. This adds another layer of complexity that experienced firms are equipped to handle. In this post, we will discuss the eight key steps law firms take to win claims for their clients.
- Step 1: Initial Consultation
The process usually starts with a consultation. In this meeting, the lawyer listens to the client explain what happened. The lawyer collects pertinent information, goes over documents that need to be reviewed, and evaluates the possible case. The purpose of the first meeting is to seek clarification for any questions on both sides and offer preliminary guidance on the process.
- Step 2: Evaluation and Investigation of a Case
Following the consultation, lawyers begin an extensive investigation. They look into the specifics, read police reports, review medical records, and collect evidence to back up their client’s claim. This investigation also involves reviewing witness statements and photographs. It helps lawyers understand the potential strength of the claim and possibilities for compensation.
- Step 3: Legal Representational Agreement
After both the client and attorney agree to move ahead, a written contract is signed. This contract clarifies the terms of representation. At this stage, legal representation officially begins, and the attorney can speak for the client moving forward.
- Step 4: Medical Treatment and Documentation
If you have filed a claim for your injuries, precise medical documentation is not only critical but also mandatory. The law firm advises the client to obtain proper medical treatment and adhere to the doctor’s orders. They collect exact records of diagnoses, treatments, and expenses. These records are key to proving how the injury affected the client.
- Step 5: Filing the Insurance Claim
Next, you need to send a claim to the appropriate insurer. Next, the lawyer drafts a demand letter, detailing the incident, any injuries, and damages sought. The letter is accompanied by the evidence that they have gathered, including medical records and proof of expenses. Organized and easy-to-comprehend documentation is often swiftly processed; lawyers can make that happen.
- Step 6: Negotiation With Insurance Adjusters
Once the insurance company receives the demand letter, the next step is negotiation. Lawyers negotiate with insurance adjusters on behalf of the client, seeking a proper settlement. They keep their rebuttals ready to combat low offers and fight for fair compensation. While it may require proceeding to and through court, most injury claims are successfully negotiated and settled before they reach the court.
- Step 7: Filing a Lawsuit if Needed
If a settlement is not possible, the law firm may suggest that you file a lawsuit. The lawyer drafts the necessary paperwork and files documents with the proper court. The two sides begin preparing for formal litigation, exchanging information and preparing arguments at this stage. While the bulk of cases settle before trial, the act of filing a lawsuit itself demonstrates seriousness on your side and may encourage the party you are filing a suit against to offer a higher settlement amount.
- Step 8: Settlement or Trial
Every case ends in settlement or trial. When they agree, the parties sign settlement documents, and compensation is paid. If the case is not settled, the case heads to trial, and it is at this point that a judge or jury makes a decision. Injuries law firms get ready for court, leaving no stone unturned and presenting proof and arguments to help your case win in court.
Conclusion
All injury claims go through certain key steps that require legal knowledge and experience. Injury law firms guide this process, ensuring fair compensation for clients. Attorneys facilitate this process for their clients, starting from the initial consultation to resolution. Every step along the way, backed by careful preparation and clear communication, represents your interests.
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