In the state of Florida, you will bear the burden of proof, which means that you must demonstrate the extent of your injuries in order to file a personal injury claim. We understand that having to prove yourself when you are the one who has suffered as a result of someone else’s negligence can feel like a burden, but it is critical for your case. You will have to prove two things: negligence and the cause of your injuries. When proving your injuries, you can take photographs and videos of your wounds/scars, medical records (including MRI and x-ray scans), medical bills, and invoices. If you have to go to trial, you can rely on your doctor’s testimony.
You have the upper hand –
You have the option of settling your case or going to trial to obtain the compensation you deserve. You can be confident that you will have a personal injury lawyer to advise you throughout the process and help you understand the various benefits of settling your case or going to trial. Above all, we will make certain that you do not unknowingly settle for anything less than what you deserve.
How Do You Determine and Prove Liability?
If a driver’s negligence caused your accident and injuries, they are most likely liable for your losses. However, sometimes proving liability is difficult, or there is disagreement about who actually caused the accident.
If you have difficulty proving the other driver was at fault, you may have difficulty getting the insurance company to make a reasonable offer. This can slow down the entire claims process. Fortunately, a car accident lawyer can advise you on the best course of action.
Getting Compensation for Your Car Accident Injuries
The specifics of injuries can also have a significant impact on how long it takes to settle a car accident claim.
If you have serious injuries that are still being treated, it may take weeks or even months to fully calculate your medical damages. . This information will be required by your lawyer in order to account for all of the damages in your claim.
If you have soft-tissue injuries, such as whiplash, or generalized pain, the insurance company may raise a red flag and request additional information, as these types of injuries are frequently used in fraudulent claims.
After the Settlement Demand
After calculating damages, the total number of relevant medical records required to support a personal injury claim is sent to the insurance company. This is known as a settlement demand. In most car accident cases, a personal injury attorney sends the demand on behalf of the injured victim.
A claim will take time to be evaluated by an insurance company. Claims for car accidents are frequently reviewed on a first-come, first-served basis, which means there’s no guarantee your claim will be assessed this week or even next week. According to West Virginia law, insurance companies have 40 days to review a car accident claim.