In the event of a personal injury accident before a settlement with an insurance company can be reached it is the responsibility of the injured party to file a claim. After the accident has been fully investigated and substantiating evidence has been gathered to prove that negligence on behalf of a policy holder lay behind the accident, the injured party must make a request in writing demanding compensation. The common requests for compensation include reimbursement for all medical expenses, damage to personal property and lost income. These expenses are all tangible and quite easy to calculate, the problem lies when the accident resulted in serious injuries with long term consequences as well as significant pain and suffering. As an insurance company will rarely take these issues into account with its offer it becomes necessary for the injured party to hire a personal injury attorney in Miami to fight for proper compensation.
Prompt action is important as there is a statute of limitations that applies to filing a claim for compensation when the injuries are the result of negligence on someone else’s behalf. In many cases the injured party will hire an attorney at this stage of the claim process as the gathering of supporting evidence must be started quickly. Evidence has a way of degrading quickly, if the accident was caused by a broken sidewalk slab you can be assured that this will be repaired very quickly, without rapid action this piece of evidence will have disappeared. The evidence that the attorney gathers is what he or she will need to establish fault and lay blame for the accident and subsequent injuries.
The attorney will try to find witnesses to the accident and get their statements of what they saw, he or she will take numerous photos of the scene and get a copy of the police report; all this helps the attorney present a strong case on behalf of the client. The attorney will get copies of any doctors and hospital reports and calculate the lost wages attributable to the accident.
With all this information the personal injury attorney in Miami is in a position to write a demand letter to the insurance company. The letter will lay out in finite detail the case the injured party has against the negligent party. At this time the attorney lays the groundwork, explaining why the insured is liable and fixes the amount that is considered right in the way of compensation and settlement. It is common that the attorney inflates this amount knowing that cases of this nature are often settled out of court and he or she wishes to have room for negotiation.