Ocala Car Accident Settlements
When deciding on whether or not to take a car accident case to court, you should take into account the various obstacles that go with the desired option you choose. When taking a case to trial, the process may take longer and you could also spend a lot of money on court fees. When settling a case, a person may need to figure out whether they are getting what they believe they deserve. A person should always speak with a professional car accident attorney before handling Ocala car accident settlements.
Reasons to go to Trial
It is ultimately the victim’s decision as to whether to settle or go to trial. If the defendant’s insurance company makes an unreasonable offer, the attorney may likely recommend filing suit against the at-fault party. As a result, in order to receive the compensation that one deserves, they are forced to file a lawsuit against the at-fault party.
Calculating a Settlement
Most Ocala car accident settlements offer pre-suit which are based on the injured party’s injuries and damages. The insurance companies may look at liability, the severity of the injury, the number of medical bills, and any lost wages or other economic damages. In Ocala, one can settle their claim at any time. However, it is important to not settle too soon and to not do so until one is finished treating. In Florida, the statute of limitations for a negligence claim is four years.
Insurance companies determine their settlement offers. However, the plaintiff ultimately makes the decision as to whether or not the settlement offer is acceptable. It is important for an injured person to look at jury verdicts of similarly-situated plaintiffs who sustained similar injuries as the plaintiff. They should also discuss settlement offers with their attorney to determine if the attorney feels that the offer is reasonable under the circumstances.
Length of Time it Takes to Receive a Settlement
Generally, most Ocala car accident settlements are made once the injured party has finished treatment. However, if there is minimal coverage, the settlement process can be expedited. It can be expedited by doing a quick time limit o demand that is sent to the at-fault party’s insurance carrier immediately after the accident.
Some issues a person may encounter are dealing with outstanding medical bills, health insurance liens, and/or Medicare liens. Any and all liens for accident-related medical treatment must be resolved before any settlement proceeds can be disbursed to the injured party.
It is important for the injured party to seek and receive medical treatment as soon as possible after a motor vehicle accident to help determine the nature and extent of the injuries. This may help the attorney with settlement negotiations with the at-fault party’s insurance carrier and ensure that any settlement is reasonable and made in a timely manner.
Filing an Ocala Car Accident Claim
Usually, one would file a claim against the at-fault party’s insurance company following a car wreck in Ocala. If the claim is not resolved, the individual will have the opportunity to file a lawsuit against the at-fault party. Attorneys may make a pre-suit demand against the at-fault party’s insurance carrier before filing a lawsuit.
Included in this demand package are a victim’s medical records, bills, lost wages, and evidence regarding the at-fault party’s liability. If the claim is not resolved after making a demand, a lawsuit is usually filed. Speak with a seasoned car accident attorney to learn more about filing an Ocala car accident claim.
Proving a Claim
The first thing the injured party must prove is that the defendant is at fault. The injured party will also have to prove and present evidence of their injuries and damages, as well as evidence that the accident caused those injuries and damages. An action can be dismissed with or without prejudice at any time.
The plaintiff’s attorney will gather all evidence regarding the defendants’ liability, which can include photographs of the accident scene, the vehicles involved, and witness statements. An attorney will also want to make sure that they have all medical records and billing information for the victim and that it is provided to the at-fault party’s insurance company. Most car accident lawsuits are filed in Circuit Civil Court. In some instances, depending upon the parties involved and the location of the accident, it may need to be filed in Federal Court.
It is extremely important that someone who is involved in a motor vehicle accident take pictures of the accident scene, of the vehicle, and of the injuries as well as documentation of the injuries, the impact that they may have life, and a record of any and all treatment. Speak with an auto wreck attorney to learn more about filing an Ocala car accident claim.
Resolving a Case Before Trial
Most cases are resolved before trial. In Florida, there is a requirement that all negligence cases are mediated before going to trial. The success rate for mediation is very high. Even if the case does not settle at mediation, negotiations can continue until a jury verdict is reached.
Most of the time, an attorney will attempt to resolve a car accident case before filing an Ocala car accident claim. If the attorney is unable to come to a settlement, with the approval of their victim, a lawsuit will be filed against the at-fault party. After a lawsuit is filed, there are several steps in the litigation process that must be completed before an actual trial will take place and evidence presented.
Immediately after being retained, an attorney may start gathering evidence. This will include evidence of their victim’s economic damages. The attorney may wait until the victim reaches their maximum improvement and is finished treatment before attempting to settle. The time frame for collecting evidence is dependent upon the case. Attorneys may usually wait until the victim has reached maximum medical improvement and finished treatment to file suit.
Some evidence that an attorney may gather after a car accident includes photos of the accident scene as well as statements by witnesses and parties involved. An attorney may retain an expert to inspect the accident scene. These experts are usually accident reconstruction experts. An attorney may also gather their victim’s medical bills, records, lien information, and wage loss information to determine the victim’s damages.
Importance of Hiring an Ocala Car Accident Lawyer
In most cases, a car accident lawyer may be able to recover substantially more money than an individual may be able to without having the representation of an attorney. It is important for an injured person to bring with them any and all information that may pertain to the motor vehicle accident. This includes accident reports, pictures of the accident scene or injuries, medical records and bills, and any other documentation of the claim. This helps the attorney understand the full scope of the accident, which may benefit you when dealing with Ocala car accident settlements.