At Farah & Farah, we understand that suffering an injury due to someone else’s negligence can be one of the most difficult experiences of your life. The pain, uncertainty, and financial stress that follow an accident can feel overwhelming. That’s why we’re here — to guide you through the process of securing the compensation you need and deserve.
But how does getting a settlement work after an accident? If you haven’t gone through it before, it can seem daunting. Fortunately, your attorney will be with you every step of the way.
Step 1: Understanding Our Clients
Every client’s story is unique, and we begin each case by listening to yours. Whether you’ve been injured in a car accident, slip-and-fall, or another incident, we take the time to understand the impact it’s had on your life. Our priority is ensuring that you feel supported and heard from the very first conversation. Farah & Farah offers a free consultation to anyone, but the listening doesn’t stop once you’re our client. We’re available 24/7 for you to contact us if you need anything.
Step 2: Building a Strong Case
The next step is to build our case against your insurance company or any other liable parties by gathering crucial evidence that supports your claim. This can range from police reports to medical records and witness statements to photographs of your injuries. We’re meticulous in gathering all possible evidence to demonstrate that you deserve the requested compensation.
Step 3: Calculating a Fair Settlement
Insurance companies often make lowball offers in the hopes that you’ll accept less than what your case is actually worth. This means that when we take on a case, we have to figure out how much we think the case is actually worth, which involves more than just tallying up your medical bills. We also take into account future medical expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, and more.
Step 4: Initiating Negotiations With a Demand Letter
The next step is to send a demand letter to the insurance company. This letter is what starts the negotiation process and its purpose is to outline what led to the injury, the responsibility of the other party (such as the insurance company), what damages you’ve suffered, and what compensation you’re seeking as a result.
Step 5: Negotiating With the Insurance Company
In Florida, the insurance company is generally required to acknowledge receipt of a demand letter within 14 days and then respond to it within 30 days after that. This response can be either payment of the requested amount or it can be their own legal response. The investigation into your claim typically also is done during that same period of time. Keep in mind that these are guidelines; the insurance company isn’t legally bound by these deadlines. The actual response time can depend on the insurer’s caseload, the complexity of the case, and more.
Step 6: Exploring Mediation or Arbitration if Needed
In personal injury cases, mediation is voluntary; we may recommend this if negotiations on your case have reached a standstill with the insurance company. Mediation involves both parties working with a neutral third party to find common ground. In some cases, the claim is resolved in mediation and there’s no need to go to court afterwards. In other cases, it can be a stepping stone in the process of getting to court.
Step 7: Reviewing Settlement Offers
Every settlement offer is carefully reviewed to ensure it meets your current and future needs. We’ll explain the terms clearly, so you can make an informed decision. If the offer doesn’t adequately compensate you, we’ll continue fighting for a better resolution. Just because the insurance company has made and offer doesn’t mean that you have to accept it if it’s not enough to cover your needs.
Step 8: Taking Legal Action if Necessary
While most cases settle out of court, we’re fully prepared to take your case to trial if that’s what it takes to get justice for you. Florida’s statute of limitations requires personal injury lawsuits to be filed within two years of the injury, so we act promptly to protect your rights. A lot of our clients want to avoid court if at all possible and while we understand, sometimes going to court is the only way to get the insurance company to agree to pay what they owe.
Plus, a big win in court signals to your insurance company and others that your type of case is worth a lot more than what they’re offering. If they don’t want to be taken to court, they should adjust their initial settlement offers accordingly. By going to court, you could thereby also help a lot of other people get what they deserve.
Farah & Farah Is Here To Support You
Whether your case can be settled out of court or we ultimately end up filing a lawsuit on your behalf, we’re here for you. If you’ve been injured in an accident and your insurance company isn’t paying an amount that will make you whole again, don’t hesitate to contact us. We take care of our clients and will be with you every step of the way no matter how your case turns out. Reach out to us today for your free consultation.
