Beyond the Settlement Table: What to Do If Your Florida Personal Injury Claim Hits a Wall
After being injured due to someone else’s negligent act in Florida, you might expect a fair settlement from the at-fault party’s insurance company. Unfortunately, not every claim can be resolved quickly or easily. Sometimes, negotiations hit a wall—whether the insurance company refuses to offer a fair settlement or makes no offer. This can leave you feeling frustrated and unsure of what to do next. If you’re in this situation, it may be time to get help from a personal injury lawyer in Miami.
Understanding Why Your Claim Stalled
It’s not uncommon for insurance companies to put up roadblocks during the settlement process. Sometimes, they hope that you’ll settle for less out of frustration. Other times, they might believe their offer is sufficient, even though it falls far short of covering your medical bills, lost wages, and other damages. Knowing why your claim has stalled is the first step in determining what to do next.
There could be several reasons your claim has hit a standstill, such as:
- Disagreement over the value of your injuries
- Disputes about who was at fault for the accident
- Delays in the processing of your claim
- Lowball offers that don’t account for all of your losses
The Role of a Personal Injury Lawyer in Negotiations
If you’ve been struggling with an uncooperative insurance company, employing a personal injury lawyer is one of the best moves you can make. Attorneys who specialize in personal injury law know how insurance companies operate and know how to challenge unfair offers.
Your lawyer will review all the evidence in your case, including medical records, police reports, and eyewitness statements, to build a strong argument on your behalf. They can then negotiate directly with the insurance adjuster, ensuring that your interests are protected and that you receive fair compensation. Here’s how they can help:
- Evaluate your claim’s worth: A personal injury lawyer will accurately calculate your total damages, including future medical expenses and pain and suffering, so you know what a fair settlement looks like.
- Handle all communication: Dealing with an insurance company can be stressful. Your lawyer will manage these communications and keep you informed of any updates.
- Negotiate aggressively: Insurance companies often lowball injured individuals, but they are more likely to offer a reasonable settlement when a lawyer is involved.
When Settlement Talks Fail: Preparing for a Trial
In some cases, negotiations don’t result in an acceptable settlement, no matter how hard you try. When this happens, it may be necessary to take your case to court. Preparing for trial can seem overwhelming, but your personal injury attorney will guide you through all the steps of the process.
Going to trial allows you to present your case to a judge or jury, who will decide if you’re entitled to compensation and how much. Having an experienced attorney is crucial in a trial setting because they’ll represent you in court, file the necessary paperwork, and present evidence in a way that supports your claim.
While trials can take longer than settlements, they may be necessary to get the compensation you deserve. If your case does go to court, here’s what your lawyer will do:
- File the lawsuit: Your attorney will prepare and file all legal documents required to begin your case.
- Prepare witnesses and evidence: They will gather the necessary evidence and may call expert witnesses to testify on your behalf.
- Represent you in court: Your lawyer will present your case clearly and convincingly in front of the judge and jury, ensuring all aspects of your injury are taken into account.
Deciding Between Accepting an Offer or Going to Trial
When your case reaches a standstill, you may wonder whether it’s better to accept the insurance company’s latest offer or move forward with a lawsuit. This is a critical decision, and it’s important to make it carefully. Your personal injury lawyer will help guide you through this decision by helping you weigh the pros and cons of each option.
Things to consider before accepting a settlement:
- Does the offer fully cover all of your medical expenses, including future treatments?
- Are your lost wages and other financial damages included?
- Will you receive compensation for pain and suffering, emotional distress, or other non-economic losses?
If the offer isn’t sufficient, your attorney will advise whether going to court may result in a better outcome. However, even if you prepare for trial, it’s worth noting that many cases settle before reaching the courtroom. This often happens because insurance companies become more willing to negotiate once they see you’re ready to fight for your rights.
Break Through the Settlement Wall With a Florida Personal Injury Lawyer
If your personal injury claim has hit a wall, don’t give up hope. While the process can feel frustrating, you have options. Hiring a savvy personal injury attorney can help you overcome obstacles, whether you’re stuck in settlement negotiations or preparing to take your case to trial. A personal injury lawyer will fight to ensure that your rights are preserved and that you get the full compensation you deserve for your injuries.
