Different attorneys take different views on when to file a lawsuit for their client in a traffic-accident personal injury case. Some prefer to file suit as soon as the client hires them. Others prefer to let settlement negotiations proceed for a bit to see how things are going before filing suit. Neither approach is wrong.
Filing a suit right away puts a certain amount of expense on the attorney. It also starts clocks running with the court for attorney conferences, the start of discovery, the end of discovery, deadlines for pre-trial motions, and other court requirements before trial, including setting a trial date at some point.
One theory holds that a litigation schedule forces the insurance company to hold their feet to the fire and increases pressure to settle. Both viewpoints have valid support. The primary advantage of filing a lawsuit early in the process is that, if the insurance company is willing to fight the claim, it is better to file suit early and move the litigation process along. Waiting to file only prolongs the process. Filing a lawsuit is not a guarantee that your case will go to trial.
In fact, it probably increases your odds of going to trial only slightly more than actually being in an accident does. Cases can settle as soon as the complaint is filed, they can settle once discovery is over, they even can settle after the trial is done, but before the jury comes back with a verdict.
A case can settle at any point before a judgment is entered in favor of either the plaintiff or defendant. Realistically, it could settle after that—the winning side might want to avoid the risk of the judgment in their favor being reversed on appeal or to simply avoid the cost of an appeal. Even if your case goes to trial, settlement remains a possibility at every step along the way. What are those steps? Litigation is a fairly well-defined process. Every case is different, but court procedures mandate a certain order to how a case proceeds.
Naturally, all steps can be delayed or prolonged, but certain things may take place during the course of a lawsuit. A law firm can handle your injury claim as quickly as possible by minimizing wasted time. With a lawyer filling out claims forms and gathering evidence on your behalf, you can avoid common mistakes that could make your settlement take longer, such as missing information on the original paperwork.
Hiring an attorney can make the window between getting into an auto accident and obtaining compensation as small as possible. Most attorneys can get settlement money sent to your account as soon as 10 days after receiving your check. Discuss your unique case with a lawyer for more information.
During this time, we are open for business and continue to be available to existing and new clients through virtual meetings and teleconferences. Call us at or click here to discuss your case with us today. Settling a no-fault claim should be relatively straightforward in New York. The insurer does not need to determine fault, which should allow the insurer to settle or deny the claim quickly.
In an ideal situation, you would have a decision from the insurer about 30 days after the claim is filed. You would also have any insurance settlement check in hand about five days after the decision. New York provides a big loophole to insurers within its regulations.
If the insurer needs additional time to investigate the claim, the company can send you a letter providing you with the reasons it needs additional time. This letter allows the insurer to extend its deadline by 90 days. Some of the reasons an insurer can use to extend a deadline or deny the claim include a belief that:.
If the insurer decides not to pay the claim or makes you wait while it investigates the claim, you may need to negotiate with the insurer to be able to receive payment. This negotiation could be difficult and time-consuming.
If you receive a letter that denies your claim or extends the deadline for further investigation, there is no way to predict when your claim will be settled. However, if they fail to pay by the due date, then they must pay 12 percent annual interest to the claimant. Car accident settlements are often worth large amounts of money, which means that a 12 percent annual interest can quickly grow if the insurance company fails to pay out on time.
You must seek medical attention within 14 days following a car crash in order to submit a claim to receive the benefits of personal injury protection PIP. If you do not have all of the required information to submit at once, then the insurer has up to 30 days to pay the claim as soon as they receive every part of it.
However, if they deny the claim, then they must explain why. If the rejection was due to an error on the part of the client, then the insurance company will have to give an explanation.
In this case, you will have up to 15 days to submit a revised version of your claim to them again. You might have a claim for bad faith if the insurance company does not follow proper procedures for accepting or denying a car accident claim within the specified amount of time. In this case, the insurance company in question might have no choice but to pay you extra because they did not follow the rules by investigating and paying the claim accordingly.
In the event that you are dealing with the bad faith of an insurance company, then you can make a claim for bad faith, and you will also have the option to take the case to court to make the insurance company pay you the highest settlement and cover all of your costs.
You will usually have up to four years from the exact date of your car accident to bring your claim to a court of law in the State of Florida. Economic damages and non-economic damages are two different categories that car accident victims can claim damages for after suffering injuries in the State of Florida.
It is crucial that you understand your legal rights under Florida law when you have been involved in a car accident. Some cases will settle, and other cases will have to go to trial — depending on facts and circumstances. If you were involved in an auto accident that was not your fault in the State of Florida, then you might be feeling uncertain about what to do next. Personal injury cases have the potential to rack up thousands of dollars, and you will want to make sure that you are getting the compensation you deserve for your injuries, damages, and other losses.
In order to do this, you will need the skills of a car accident lawyer to handle the case. The Law Place has over seventy-five years of collective experience in winning compensation for car accident victims throughout the State of Florida. Our team of car accident attorneys understands the pressure that you are under, and we want to make the healing process as easy as possible for you. Our law firm has a strong reputation for helping clients and achieving the best possible outcomes even in the most difficult of situations.
If you put your faith in us, then we will ruthlessly fight for the success of your personal injury case. We will make sure to settle your case with the maximum amount of compensation to cover all of your injuries, damages, and other losses following your car crash.
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