Published On: Wed, Apr 3rd, 2019

What Is the Typical Timeline for a Personal Injury Claim in Florida?

If you have been involved in a car accident, slip and fall, medical malpractice case, or any other type of personal injury, one obvious question you may have is how long you should expect the process to take. There are a few different answers to this question, and each answer is entirely subjective on your situation. Below, we give you the simple answer, as well as the not-so-simple answer to your question, but keep in mind that your injuries are unique and your circumstances can mean that your own experience looks entirely different.

If you have serious injuries, your best bet is to get in touch with a personal injury attorney as soon as possible. Law firms like Abercrombie, P.A. offer free consultations about personal injury cases, and they can give you a much better answer that is case-specific. Take a look below about some general points regarding timelines for personal injury claims.

Legal Requirements For Personal Injury Claims

Once you file a claim with an insurance company, the Florida Statutes set forth a series of legal requirements that they must follow while handling your case. After receiving your claim, they have 10 days to respond and begin their investigation. After that, they have 90 days to either make a payment, or deny the claim. So, the simple answer to this question is that you can expect payment within around 100 days of when you first file your claim.

The First Offer an Insurance Company Makes Is Too Low

Even though you can expect that your claim can be handled within 100 days, it does not mean that the amount you will be offered is anywhere near the amount that you are owed. Insurance companies stay in business by making the smallest payments possible, and your situation is no exception. Think of the first offer as a beginning to negotiations, especially if you are handling ongoing medical issues or your injuries have seriously impacted your life.

If you are working with an attorney, they will handle these negotiations for you, and you can work with them to determine the amount you believe is fair, and the lengths that you are willing to go to in order to get that amount. The hope is that you will be able to reach an out-of-court settlement agreement, which will save you and the insurance company time and money. However, not all negotiations go favorably, and can end up being litigated by the Florida courts.

Timeline For Personal Injury Lawsuits

Unlike the legal requirements for the time insurance companies have to handle a claim, there is no legal guideline for how long a lawsuit will take. If you have decided to pursue a full lawsuit with your attorney, then you have discussed the cost-benefit of this decision, and have agreed on the possibilities for the potential time it will take, and the money that you believe that you deserve at the outcome of the case.

Your accident is unique to you, meaning that your lawsuit will be unique as well. It is important that you work with an experienced attorney in this situation who is sensitive to your financial situation, your injuries, and your needs throughout this process. While you may ultimately walk away with a higher award at the end of a long, drawn-out lawsuit, you may find yourself dealing with immediate financial issues if you have not considered all of the consequences with your lawyer.


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