If you have been involved in an accident due to someone else's negligence and have suffered losses physically, mentally, or financially, you should seek compensation. If you want to file a claim, seeking help from a lawyer is helpful. Victims often decide to settle for their personal injury claim rather than go to trial.
How Do Florida Personal Injury Settlements Work?
More than 90% of all personal injury cases settle out of court, with very few going to trial. Personal injury settlements depend on who you are filing a case against, what your personal injury lawyers decide, and what you choose. There are many possible directions a personal injury case can take in Florida.
Mediation
Mediation is a standard tool used in Florida to settle civil cases. Available for everyone filing a claim against someone for damages, the courts require all parties to attend a mediation session before trial. During mediation, both parties will discuss their case and negotiate with the primary goal of reaching an agreement.
Moreover, both personal injury lawyers will be present, and they will do most of the talking. An impartial mediator oversees mediation. All sessions are confident and informal and usually take up to two sessions. Then the lawyers will arrange an agreement. Once both parties sign the agreement, the document will be submitted to the judge for approval. If the agreement is approved, it will become part of the record. Additionally, if your personal injury case requires a settlement, a due date will be specified in the agreement.
Arbitration
While Florida courts require mediation and arbitration before trial, they are two separate things. Arbitration is used for commercial disputes, such as personal injury cases involving defective products. Separately, arbitration is usually mandatory, and you've agreed to it before filling your suit.
Whenever you request a service or buy a car, your contract will include an arbitration clause. With this clause, you must attend mediation with the dealership before filing any civil litigation. If you fail to do so, the defendant can file a motion in court.
There are two types of arbitration:
- Binding
- Non-binding
In a binding decision, whatever the arbiter decides, you will have no choice but to accept their decision. On the other hand, non-binding arbitration is similar to mediation, meaning that if the decision is not final, you may have to appeal it. If you are not satisfied with the results in arbitration, you can file a civil lawsuit.
Settling vs. Going to Trial
If your personal injury case reaches trial, both parties will present their cases before a judge or a jury. Then they will decide your case. It is critical to understand that there are no guarantees of how a judge or a jury will determine your personal injury case once you're going to trial. You may have a 50/50 shot at winning your case. Thereby, when you go on trial, you should assume the risk of losing your settlement.
When thinking about a reasonable settlement, it should cover the following costs:
- Medical bills and future medical bills
- Lost wages
- Future estimated lost wages and earning potential
- Pain and suffering
- Property damage
- Punitive damages
Unfortunately, most personal injury cases involve severe accidents that temporarily or permanently injure victims. Their recovery costs can be debilitating, so it may not be a bad idea to settle in some conditions. However, while settlement guarantees money for your injuries, you should not accept a settlement offer without reviewing it with your personal injury lawyer.
Factors to Speed Up a Settlement
There is no exact answer for how long a settlement negotiation will take, but there are some things you can do to make the process go smoother and faster. For starters, it is essential to correctly prepare your claim, as it may affect how long the negotiations take. Suppose you and your personal injury lawyer have prepared all the stages of your claim, including the necessary documents and the thought-out offers. In that case, you will be more likely to receive better results and shorten the period of your negotiations.
On the other hand, you need to control your emotions, be persistent, and remain patient. If you get a settlement that may not cover your losses, or if the insurance adjuster tries to tempt you with a lower or less than expected settlement, you should consider whether it is in your best interest to accept the offer.
Contacts:
Ravi
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