How Long Does It Take to Settle or Otherwise Resolve a Personal Injury Claim? – Part III
The Demand and Negotiation Phase of Your Personal Injury Claim.
The second step in resolving a personal injury claim is to make and demand and attempt to negotiate a reasonable settlement. Florida law does not generally require either a demand or an investigation; however, and in some instances, you and your attorney may choose to skip straight to the third step of filing a lawsuit. However, if you choose to engage in settlement negotiations, the process will normally consume two to four months.
In your demand, your attorney will draft a comprehensive demand letter setting out the facts of your accident, the liability of the negligent party, your resulting claim for damages, and a demand for the payment of monetary compensation within a limited time period. Normally, the attorney will provide that your demand may be paid in thirty days or less. The amount which should be demanded, is beyond the scope of this articles and you should consult an attorney about the specifics of your case. That said; however, as in true in most any negotiation, it is presumed that the responding party will generally attempt to negotiate a payment less than the amount initially demanded. Along with the demand letter, your attorney will normally submit evidence collected in the first step of the process, as discussed above.
After a written demand is made, it is not unusual for the at fault party and his or her insurer to engage you and your attorney in verbal negotiations. There can be quite a bit of back and forth during this process. During this time, both parties usually attempt to gauge liability, damages, and the expectations of the other party. It is not unusual for the at fault party and his or her insurance company to request an interview of the accident victim (generally rejected) and/or additional documentation relevant to the victim’s damages claim. This process can easily take several months. In some cases, parties agree to a pre-suit mediation, which will take several more months to arrange and conduct. Generally, however, if it does not appear that the other party is putting forth reasonable offers within the first couple of months, the negotiation process should be ended in favor of filing a lawsuit.
This post was submitted by CDC99.