When you apply for an insurance claim, you may not know at what stage you may need the services of a personal injury attorney. In the case of minor accidents, insurance claims can be settled without the involvement of an accident lawyer, but in most cases, you will need the help of an experienced and highly qualified lawyer.
You should not expect the other party's insurance company to be interested in you receiving full compensation for damages. In addition, you should not rely on the fact that the insurance company will point out to you your mistake, which may lead to a denial of insurance compensation. In such cases, a lawyer is your best adviser and source of information.
Reasons for applying for insurance compensation
When another party harms you, you have the right to recover damages for injuries, economic losses, and other damages. In most cases, the insurance indemnity is paid by the company that insured civil liability.
Liability insurance can cover a wide range of personal injury claims, including the following:
Accidents involving trucks, cars, motorcycles, bicycles, and pedestrians.
boat accidents
Product Liability Claims
Fall-related accidents
Accidents in Kindergarten
Medical malpractice claims
wrongful death claims
Claims about incidents on the territory of the enterprise
Construction accidents
Abuse and neglect in the nursing home
Dog bite claims
And many other personal injuries claims
Liability insurance compensates for damage caused to others. The terms of the insurance policy determine the limits of the insurance company's liability for a claim.
An insurance company may accept liability or reject a claim for several reasons. If the insurance company denies the claim, acts in bad faith, or refuses to negotiate for fair compensation, the victim may file a personal injury claim.
What types of damage can be collected when applying for an insurance claim?
Damages in a personal injury claim include both material and non-pecuniary damage.
Non-pecuniary damage includes mental and physical pain and suffering associated with an accident and injuries. It also includes permanent disability, loss of enjoyment of life, and scars.
Property damage refers to economic loss resulting from an accident and injuries. Financial expenses may include medical bills, travel expenses, medicines, and personal care. This also includes loss of income and benefits.
Calculating the amount of damage can be confusing. Property damage is the sum of all costs associated with your claim.
Much more difficult is the calculation of non-pecuniary damage. There is no standard formula for calculating non-pecuniary damage. Insurance companies may underestimate the amount of non-pecuniary damage, especially if the victim does not have a full understanding of its value.
In addition, calculating future losses associated with a permanent disability can also be challenging. In many cases, this requires the involvement of medical experts, economists, and other specialists.
If you hire a personal injury lawyer to handle your case, they will document your losses and calculate the maximum damages. If necessary, the lawyer will also involve other specialists.
Do I need to involve a personal injury lawyer?
Each personal injury case is unique. However, in some situations, you should consult with a personal injury attorney before filing a claim with an insurance company.
Below we look at a few scenarios that indicate you should contact a personal injury attorney:
You have suffered a catastrophic injury or permanent health impairment
Catastrophic injuries include spinal cord injuries, head injuries, amputations, loss of bodily functions, paralysis, and other life-altering conditions. Very often, catastrophic injuries lead to irreversible health problems or disability.
In cases involving catastrophic injuries and disabling conditions, the damage can be especially large, as the victim often needs constant personal and medical care. Such a person cannot work to earn income.
The insurance company claims that the accident was partly your fault.
Under Florida's relative fault statute, if the accident was partly your fault, your compensation for a personal injury claim may be reduced. The compensation will be reduced in proportion to your share of liability for the accident.
Thus, you can receive much less compensation for your insured event if the insurance company tries to shift the blame for the accident to you. Here you will need evidence to support the fact that the other party is solely or primarily responsible for the incident.
Multiple parties involved in the incident
The presence of several parties in a case can significantly complicate it. The parties may share the liability, and their insurance companies may try to dispute the amount of compensation for your claim.
Thus, you may be drawn into a dispute between several insurance companies, which can greatly delay the process of settling your claim or adversely affect the outcome of your damages case.
Your claim is being delayed or denied by the insurance company.
Florida has a deadline for filing personal injury claims, which is the same as the statute of limitations. If you do not meet the deadline, you will not be able to claim the party responsible for your injury.
The insurance company may delay processing the claim in the hope that the deadline for filing a personal injury claim will expire. It may also, without any legal reason, delay your application for an extension of the appeal period until the time limit for filing your claim has expired.
Your child was injured in the accident
Childhood trauma cases are also very complex. As a result of injuries, a child may experience delays in physical, cognitive, and emotional development. Even minor injuries such as fractures can lead to permanent damage.
You must take care to properly protect the rights and interests of your child. You may need to consult different specialists in order to determine the extent of your child's injuries and injuries.
You don't know how Florida's motor insurance law works regardless of the cause of the collision
The state of Florida has a motor vehicle insurance law regardless of the cause of the collision. Injury liability insurance is not mandatory for drivers, but they must have personal injury insurance.
You file an accident claim with your insurance company, regardless of who is at fault for the accident. You must also seek medical attention within 14 days to receive compensation covering medical expenses and loss of income.
If you are seriously injured, you can file a claim against the driver who caused the accident. Proving that your injuries are serious (as defined by state law) can be difficult, especially if your insurance company disputes your claim.
The case involves a government agency
If your personal injury case involves a government agency, you should contact an attorney immediately. In this case, the deadline for filing a notice of claim may be as little as a few months from the date of injury.
There are also other special rules and procedures that apply if the defendant in your damages claim is a government agency. In such a situation, even a single mistake can lead to the loss of the right to file a claim.
For a free consultation, please contact our Florida personal injury attorney.
If you are not sure whether you should hire a personal injury lawyer, you can take advantage of our free consultation.
During this consultation, the lawyer will explain your legal rights and tell you about the options for recovering compensation for the damage caused to you. You can also discuss your insurance claims and learn how to avoid making mistakes that could hurt your chances of getting the best compensation.
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