Personal Injury

Legal Process for Florida Accident Victims

By May 26, 2014No Comments

After a car accident injury, the legal process to achieving compensation may seem equally and unnecessarily painful. There are few things that are to be carefully noted and try not to do this after a car accident. Although the legal experts among North Miami Beach car accident lawyers assure an easy process, it is not the same everywhere. Personal injury attorney, TJ Grimaldi, breaks down the detailed process that happens inside the law firm during his representation of injured parties.

Attorney TJ Grimaldi says that the first thing an injured parties should do is to retain legal representation by knowing and read more about Massachusetts car laws. An attorney will be able to guide you through the entire process, including when and where to seek treatment. Next, the injured party must seek treatment within 14 days of the accident. Once the injured party has sought treatment and retained an attorney, the seemingly long process begins. However, having attorney representation relieves the injured party from dealing directly with the insurance company during the process. Here is the injury attorney from Gideon Asen LLC that you can get help from in case of accidents and injuries.

First, the attorney sends out a letter of representation stating that he or she represents the injured party. All further communication must go through his or her office and will prevent the insurance company from calling or harassing the injured party. Next, the attorney works with his or her client to collect the paperwork, records, and invoices for the treatment. The medical costs along with an assessment of other damages, such as emotional damage resulting from the accident, are added together. The attorney sends out a demand letter to the insurance company asking for compensation for this amount. It usually takes between 20 to 40 days for the insurance company to respond.

The insurance company assesses the alleged injuries and the treatments for them. They look to see if the treatments were necessary and the injuries were consistent with the severity of the accident. The insurance company then responds to the demand letter, usually with a lower number. The next step for the attorney is to negotiate a higher settlement. Injured parties should always keep their attorneys up to date with any further treatments, which have taken place after the original demand letter was sent. The attorney could reach a settlement during this time, and once a settlement is agreed upon that is the maximum amount of compensation the injured party can receive.

If the attorney is not able to negotiate a high enough settlement, then he or she will discuss with the client the option to file suit. Filing a suit essentially begins the process again. The insurance company will turn the case over to an attorney. The facts are exchanged again. The costs of the injuries are reevaluated.

A disagreement over what information to exchange often results, and mediation is often attempted before an injured party even steps into a courtroom. The process can be lengthy and frustrating, and if a suit is filed it can take literally years to reach a resolution. However, having an experienced attorney guiding you can help you decide the best course of action in order to receive your compensation as quickly and fairly as possible.