Most personal injury cases are settled out of court through insurance negotiations. If you or someone you love suffered injuries caused by another person’s or entity’s negligence, a Naples personal injury lawyer can guide you through the settlement negotiation process. They can handle negotiations with the insurance company and its adjusters at every stage, allowing you to focus on your recovery.
Personal injury lawyers are familiar with the negotiation process and know how to fight for the best possible outcome for you. They will investigate your accident, evaluate your damages, and work diligently to secure a settlement, helping you avoid a lengthy trial. You can typically get started with a free consultation and learn more about what will happen if your Naples personal injury case does go to trial.
Why Insurers Offer Quick Settlements To Injured Accident Victims
Resolving your case without a trial is typically the preferred outcome for both sides. If the at-fault party’s negligence is apparent, their insurance company may prefer to settle your case quickly rather than risk a potentially costly and lengthy trial.
In some cases, insurers may offer a quick settlement. A lawyer can help you avoid accepting an offer that may not fully cover your damages.
A speedy settlement can leave you with less compensation than you deserve. It can also mean the settlement you receive does not cover your post-accident expenses and losses. A lawyer can help you avoid that.
Why Insurance Companies May Refuse A Fair Settlement
Insurance companies operate with their bottom line in mind when resolving claims. If you have a lawyer, they can protect your best interests during settlement talks. Some of the reasons an insurance company might be reluctant to agree to a settlement include:
- Uncertainty about their policyholder’s negligence
- Bad faith tactics and practices by the insurance provider
If you have a personal injury lawyer, they can help you combat one or both of these reasons with strong evidence and skilled negotiation. Plus, they can help you fight for additional compensation if the insurance company acted in bad faith.
How A Lawyer Can Help You Settle Your Personal Injury Case Without Trial
Handling negotiations with the at-fault party and their insurer alone can be overwhelming. From complex legal language to settlement negotiations, a lawyer can provide clarity and guidance each step of the way.
When you hire a personal injury attorney in your area, they can:
- Accurately assess and document your damages
- Prove the at-fault party’s negligence
- Compile the documents that prove your case
- Speak with all interested parties on your behalf
- Handle all case-related paperwork
- Clarify complex legal and insurance jargon
Negotiating a personal injury settlement can take significant time and involve multiple rounds of offers and counteroffers. Your lawyer will keep you updated as settlement talks move forward and work toward a fair settlement to avoid trial.
An Attorney Can Protect Your Right To Go To Trial If A Settlement Is Not Possible
While personal injury trials are rare, they happen in a small number of cases. If an acceptable settlement is not forthcoming from the insurance carrier, you can choose to file a personal injury lawsuit. You generally have:
- Two years to meet the personal injury statute of limitations, according to Florida Statutes § 95.11(5)(a)
- Two years to meet the wrongful death statute of limitations, according to Florida Statutes § 95.11(5)(e)
Determining the exact start date of the statute of limitations can be complex. A local attorney can interpret it for you, including all possible fluctuations, and file your lawsuit on time.
A Lawyer Can Document Your Full Range Of Personal Injury Damages
When you settle your personal injury claim, your goal (and your attorney’s goal, if you have one) is to recover the right amount of compensation. You can recover the following types of damages:
- Economic Damages: These are tangible damages that can be easily documented, including past and future treatment expenses, rehabilitation, and therapy. It can also include lost wages and lost future earning ability. Depending on your accident, it can consist of property repair, replacement, or diminished value.
- Non-Economic Damages: These damages can be hard to document on your own. If you have a lawyer, they can help you establish the value of your disabling and disfiguring injuries. Additional non-financial damages can include pain and suffering, mental and emotional trauma, and loss of enjoyment of life.
- Wrongful Death Damages: Families who lose a loved one due to negligence can recover damages for the costs of making their loved one’s final arrangements. You can also request compensation for the loss of the decedent’s household and financial support, and other recoverable damages.
The best way to avoid having your personal injury case go to trial in Naples is by having a lawyer who can accurately assess your damages and account for all the ways the accident and resulting injuries affect your life.
How To Document Your Economic And Non-Economic Damages
The insurance company will demand evidence that supports the value of your individual and combined damages. Evidence that supports your economic damages can include:
- Medical records and bills
- Employment records
- Property repair bills
- Property replacement estimates
Evidence that supports your non-economic damages can include a written prognosis and a daily journal (if applicable) that describes the toll of the accident on your life and lifestyle. If you have legal representation, they will handle this complex and potentially time-consuming process of collecting and organizing your case file.
Get Help Resolving Your Personal Injury Case Without A Trial
If you or a loved one suffered injuries and property damage due to someone else’s negligence, we can help you get compensation. With our guidance and direction, you can reach a fair and appropriate settlement agreement.
Get a free review and learn how to avoid having your Naples personal injury case go to trial. Contact our consultation team at the Law Offices of Anidjar & Levine to find out how hard we will fight to get you the financial compensation you deserve.
