Car Accident Pre-Litigation: What Happens Before a Lawsuit is Filed?

How Does a Car Accident Settlement Work in Florida?

In Florida, most personal injury and auto accident cases are resolved through financial settlements without ever needing to go to trial. Instead of a long and costly trial, most car accident cases are resolved with settlements involving insurance companies, as the law allows accident victims to be compensated when injured or suffer losses due to someone else’s negligence. 

The insurance company and lawyers representing the defense have the right to investigate any car accident claims to determine whether the policy provides coverage and whether the plaintiff deserves the chance to recover compensation. In many cases, insurance adjusters will attempt to deny or diminish claims to save money for their employers. Because of this, and many other reasons, it is advisable to seek the legal representation of an experienced car accident attorney. Your attorney can help you navigate the legal process, helping you get the financial recovery you deserve and require. 

In many cases, the insurance company may offer a lowball settlement to make the car accident case go away. It’s important to remember that you do not need to accept the initial offer. With the help of a car accident lawyer, it is possible to negotiate for better terms from the insurance company. And, failing that, your lawyer can help you file a lawsuit against the at-fault party in pursuit of fair recovery. 

What Steps Follow in the Aftermath of a Motor Vehicle Accident?

According to Florida law, any auto accident involving injury, death, or $500 or more of property damage must be reported. In many cases, we recommend that you report the accident immediately so that law enforcement and other first responders will arrive at the accident scene. Accident reports completed by law enforcement personnel, including details about what transpired, motorist statements, and other helpful information, will be valuable evidence to your car accident lawyer. 

Seek immediate medical attention following an auto accident. Even if you believe your injuries to be relatively minor, it is still crucial that you get adequate medical treatment from professionals. Failure to get medical care could diminish your case’s value, as insurance adjusters may point to this lack of medical treatment as evidence that you did not suffer serious injuries. 

Contact a car accident attorney to discuss your case in more detail. Our law firm offers free consultations to prospective new clients interested in retaining our legal services. With an attorney on the case, it will be easier to review accident reports, interview eyewitnesses, analyze photographic evidence, review physical evidence, and go through all necessary case investigation steps. 

After a thorough investigation, accident victims begin the claims process by filing a personal injury protection (PIP) claim with their insurance company. Florida is a no-fault state for auto accidents, so this is a necessary step. 

If you suffered severe injuries or extremely costly property damage, you may require other means to recover the financial compensation necessary to compensate for the incident you’ve endured. A personal injury attorney can help determine the value of your case, file a claim, and explore options for litigation if necessary. 

What Happens During the Pre-Litigation Phase of a Car Accident Case in Florida?

In most car accident cases, the pre-litigation process is as follows:

• An auto accident attorney sends a formal pre-litigation letter of your intent as an injured motorist
• An investigation proceeds, including seeking eyewitness statements, gathering valuable information from the crash scene, and reviewing medical records
• The demand is made either in a claim to the other party’s insurance company provider or in a letter demanding compensation from the at-fault party themselves
• Negotiations proceed between the plaintiff, the insurance companies, and the at-fault parties to settle the case before a formal lawsuit becomes necessary

If no settlement can be reached, your personal injury lawyer may discuss the benefits of proceeding with a formal lawsuit and beginning the pretrial process. 

In many ways, the pre-litigation process before a lawsuit is filed is an entirely different legal case from the proceedings that follow a lawsuit. In pre-litigation, you attempt to determine the value of the accident, obtain evidence to support your claims, negotiate fair settlements, and release information as necessary. Under the right circumstances, settling with your insurance company after medical treatment has concluded is possible. However, this may not be possible in some cases, and litigation may be deemed necessary. 

Do You Need a Lawyer During the Pre-Litigation Phase of the Legal Process?

During the pre-litigation phase of a car accident case, you and the insurance companies constantly communicate while exchanging evidence and discussing terms for a fair settlement. Unfortunately, in many cases, the insurance company will seek to devalue your claim, as they are only motivated to resolve claims quickly and cheaply. In other cases, an insurance company may grind things to a halt and be as slow-moving as possible, hoping you will accept whatever offer they extend your way. For these reasons, and so many others, it is highly recommended that you seek the professional legal representation of an experienced attorney. 

A highly skilled lawyer can guide you through every step, negotiating with the insurance companies throughout the pre-litigation phase to help you get the settlement amount you deserve and require for your injuries. Whereas an insurance company may think that they can walk all over an accident victim, if that victim has legal representation in their corner, they are more likely to be respectful and treat your case with the care it deserves. 

Schedule a Free Case Evaluation with an Experienced Florida Car Accident Attorney Today

The decision to file a car accident lawsuit should never be taken lightly. In some cases, it may be the only course of action left to accident victims needing fair financial recovery. In other instances, continuing negotiations and reaching a favorable settlement to your needs may be possible without bringing your case to trial. The legal assistance of an experienced attorney can be invaluable in determining when the right time to file a car accident lawsuit is. 

To discuss your case in more detail and determine your legal options, please contact personal injury attorney Andrea DeMichael. The attorney has extensive experience representing these practice areas and would be proud to represent your interests in pursuing a fair financial recovery through settlement negotiations or litigation. 

Contact the attorney by calling 863-216-1831 to schedule your free consultation today.