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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 lifes passion is helping the seriously injured receive complete compensation for their injuries. I am a ...


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