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Roman & Roman, P.A.
  • Free Consultation

Should My Personal Injury Claim Become a Lawsuit?


Are you moving forward with a personal injury claim in connection to a car accident or other event? If you are, it is likely the negotiations are happening with the insurance company of the individual who was negligent. Because personal injury lawyers are experienced negotiators, it can be helpful to have a lawyer working for you even if the dispute never makes it past the claim stage. But, if a fair settlement on a claim is not possible, a personal lawsuit may be the best path to resolution.

Securing Financial Compensation

After a slip and fall event, car crash, or other accident, the first step will likely be negotiating with an insurance company. During this process, an insurance adjuster could attempt to deny a claim or reduce the amount of a claim. One of the ways an attorney can help is establishing negligence and securing evidence to prove the need for compensation, such as the following.

  • Accounts and statements from individuals who witnessed the event.
  • Documentation in the form of photos or videos.
  • Medical histories and proof of property damage.

It is likely each side of the dispute will have a different idea about what amount of compensation is just. Through discussion and negotiation, there is the possibility of landing on a number both the insurance company and the victim can agree on. When this is not possible, a personal injury lawsuit can move forward. An experienced personal injury lawyer can advise a victim on when to settle or when going to court is in the victim’s best interest.

Personal Lawsuits Have Time Limits

Moving forward promptly is important as there are time limits for legal action. When insurance negotiations are extended, it can be problematic. There are times when the negotiations have to be terminated in order to abide by Florida’s statute of limitations. Victims have four years from the date of the event to file a lawsuit.

When it is decided a lawsuit is needed, it is likely a Florida personal injury lawyer will create a discovery process to gather documents and records to prove the victim’s case. As the discovery phase happens, negotiations may still be occurring as well. There are times when settlements happen before a lawsuit makes it to the courtroom. Often, a fair settlement offer can save time and money. Plus, the stress of the lawsuit is dissipated when the dispute can be resolved.

Do you have questions about how to move forward with a personal injury claim or a personal injury lawsuit? Accidents are emotionally upsetting and physical recovery can be long and expensive. When a victim is overwhelmed, it can be difficult for them to determine if a claim or a lawsuit is best. The attorneys at Roman & Roman can help you understand your rights and move toward damage recovery. Schedule your free consultation today in our offices in Clearwater, Hudson, or Tampa.

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.