Should you Accept the Insurance Company's First Offer?

Three Phases in a Florida Car Accident Claim

Posted by Guy DiMartino | Aug 06, 2012 | 0 Comments

Florida automobile accident lawyer discusses the 3 phases in a Florida car accident claim. 

Folks injured in a Florida car accident have a number of questions regarding the process.  Generally, there are three phases to a Florida car accident claim in the pre-suit or pre-litigation settlement process. I like to explain to folks that we can separate a car accident claim into the following three phases: (1) medical treatment phase; (2) demand phase; and (3) negotiation phase.

Medical Treatment Phase of a Florida Car Accident Case

The medical treatment phase is the most important step in a Florida car accident case.  In this phase, the client undergoes diagnosis and treatment of his/her medical condition.  If there is adequate insurance, a case cannot be resolved until the client has completed the medical treatment phase.  Once the client's doctor(s) have determined that she reached a point of maximum medical improvement, the case moves into demand phase.

Demand Phase of a Florida Car Accident Case

In this phase, we will acquire and update the client's medical documentation.  Once this information is received, we will put it together with all the information gathered about the accident and send a demand to the insurance company.  The demand is a written statement outlying the facts of the accident, the client's injuries and damages sustained. Typically, we give the insurance company 30 days in which to respond to the demand.

Negotiation Phase of a Florida Car Accident Case

Once the insurance company reviewed the demand it will forward an initial offer.  If the case warrants it, the insurance company will offer to tender the driver's insurance limits.  If not, we start the negotiation process.  When we receive the initial offer, we will discuss it with the client and formulate a response.  If we are able to negotiate a fair and equitable settlement with the insurance company the case will be settled.  It is always the client's decision to settle a case. 

If the insurance company takes a ridiculous position and we are unable to amicably settle the case, we will discuss the pros and cons of filing a lawsuit.  The decision to file a lawsuit is always the client's decision.

Florida car accident law is complex.  If you have any questions about a car accident claim, you can give me a call at (352) 267-9168 or fill out the internet consultation box on the right .

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+


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