subject: Understanding the Methods to Reach a Car Accident Settlement [print this page] Understanding the Methods to Reach a Car Accident Settlement
When you face an auto accident and suffer injuries, the first thing that comes to mind is medical aid. While you are too engrossed in getting suitable treatment and care, you often forget one important detail legal aid. Why is this necessary? Well, whether the accident and injury was your fault or someone else's, you need to recover damages.
Damage recovery is possible if the responsible party has adequate insurance coverage. For this, you need to negotiate with the insurance adjuster (of yours if it was your fault or with the responsible party's, if it was another's fault). In most cases, negotiating with the insurance adjuster of the responsible party is difficult without adequate legal help.
If you don't get a car accident lawyer, you may settle for a far lesser amount than what you should get as a fair and adequate' compensation. However, trying to negotiate with an insurance adjuster in Florida does not necessarily mean litigation. There are other ways of reaching a resolution. Here are a few that you may try.
Mediation is the process where a mediator discusses the details with both parties, the victim and the responsible party's insurance adjuster, and helps determine a reasonable settlement figure to them. While it is useful, it is not legally binding to adhere to the mediator's decision.
Arbitration similar to the process of mediation, this is, however, distinct in the aspect that it is legally binding. Any of the involved parties can bring in an arbitrator. If the two arbitrators (of the two parties) cannot agree, a third arbitrator can help with the decision. If two arbitrators agree, the case is settled.
Small Claims Court Filing is possible only if your damages are of a certain amount. For example, in Florida, you can file an accident damage recovery at this court if the claim involves not more than $5,000.
If all these fail, the only way left is opting for litigation. Filing a compensation claim for damage recovery requires help from an experienced car accident lawyer practicing in Florida. Why is this important? The lawyer can help file the complaint, accumulate evidence to support it, assess the damages and initiate the legal proceeding.
However, the Florida statute of limitations gives you only four years to file such a case. You need to consult a Florida car accident lawyer immediately or you risk the compensation recovery. Whether you or your loved one is the victim, getting legal counsel is imperative.
