How Long Will It Take to Settle Your Personal Injury Case in Florida?
After sustaining an injury, you probably have many questions on your mind. One of them is, “How long will it take to settle my personal injury case?” The number of months – or, in some cases, years – it would take to settle your personal injury case in Florida depends on a wide range of factors.
It is easier to understand how long it would take to settle your injury claim if you look at the timeline of personal injury cases in Florida.
Stage 1: Coverage Disclosure and Building Your Case
In Florida, the process of recovering damages via a personal injury claim begins with the injured party’s attorney requesting coverage disclosure from the insurance company. Insurers have 30 days to respond to the request for insurance information.
Then, you will have to focus on your medical treatment and recovery. How long it will take you to recover depends on the severity of your injury. As you are recovering, your personal injury attorney will continue building your case by collecting evidence, interviewing witnesses, hiring accident reconstruction experts, and taking other steps to help you achieve a favorable outcome.
Stage 2: Sending a Demand Letter and Getting a Settlement Offer
Once you complete your treatment or reach maximum medical improvement (MMI), the point where your condition is not likely to improve, your attorney will be able to send a demand letter to the insurance company.
It is important to either complete your treatment or reach MMI before sending a demand letter because you need to understand how much your claim is worth. The demand letter will establish the extent of damages and contain information about liability and fault.
The insurance company will have 30 days to review the demand letter, evaluate the case, and respond to it with a settlement offer. If the offer is too low, your personal injury attorney will negotiate with the insurer to get a higher amount.
Stage 3: Negotiating vs. Going to Trial
It could take you months to negotiate with the insurance company, especially if the insurer does not agree with the requested amount. If you cannot agree upon an acceptable settlement amount, your attorney may recommend you to take your case to trial.
While going to trial is often associated with drawn-out court battles, the insurance company may be more likely to settle the claim for the requested amount after you file a lawsuit. Going to trial can be quite time-consuming because there may likely be delays in scheduling hearings.
If you file a personal injury lawsuit, it could take an additional year or longer to settle your case or get a verdict from a judge. It is vital to be represented by a Miami personal injury lawyer to help you avoid unnecessary delays in settling your case, regardless of whether you go to trial or negotiate a settlement out of court. Contact our lawyers at Pita Weber Del Prado to receive a case review. Call at 305-670-2889.