Any personal injury will invariably involve an insurance company. Prior to any settlement being reached it is the responsibility of the injured party to file a claim. The claim for compensation is made once the incident has been investigated and all the available evidence supporting the claim has been gathered. Requests for compensation in personal injury cases often limited to medical expenses paid by the injured party, compensation for all property damage and lost wages. However, it is not uncommon for victims that have received severe injuries with long term ramifications to seek additional compensation for pain and suffering. Rarely does the victim get a positive response to his or her claim, the norm in these types of situations is for the injured party to hire a personal injury attorney in Fort Lauderdale and sue the negligent party.
As all personal injury claims are subject to a rigid statute of limitations, prompt filing of a case in court is of the utmost importance. It is at this time when having a personal injury attorney means a great deal. As the injured party you can focus on healing and rehabilitating while your attorney focus on the details of the case. The attorney can begin to gather evidence that supports the claim; it is this evidence that is used by the attorney to establish who was at fault and what the underlying cause of the injuries was.
The sooner the gathering of evidence begins the better. The personal injury attorney in Fort Lauderdale will attempt to locate and interview witnesses, take pictures at the scene, get a copy of the police report and anything else that can be used to support the claim for compensation. The attorney will also get copies of the important medical records from both the attending physician and the hospital where the injury was treated. The amount claimed for lost wages will be included in the claim.
With all this supporting documentation the attorney will now proceed to draft a written demand letter to the insurance company. The letter outlines the case the client has against the insured. At this time the attorney will put forward all the details that support why the insured is liable for the accident and the resulting injuries. The letter states explicitly the amount the injured party is claiming. The attorney, with full knowledge of how these cases tend to go will set the monetary demand higher than the expected compensation. It is important to leave room as personal injury cases often are settled by negotiation out of court.
As expected the insurance company will counter with an offer lower than that stated in the demand letter. At this time the injured party and his or her attorney decide whether the offer is acceptable or a counter offer is to be made. If both the injured party and the insurance company for the defendant reject the offer both sides will continue to provide justification until such time as an acceptable offer is negotiated or the attorney takes the defendant to court.
