Most personal injury cases are resolved with a settlement and do not even make it to a courtroom. This is often the easier and less expensive route to take, but does that mean it is the best option for the injured individual? Having a supportive and experienced legal team helps you determine the best route to take regarding your case when you have suffered injuries. Settling your injury claim may not justly compensate for the injuries and damages you have endured.
At Marsalisi Law, our team is dedicated to providing the best legal representation in an accident and personal injury case. Frank P. Marsalisi helps you determine if your case is worth settling and if a lawsuit is your best option. Below is some more information about personal injury and whether it is best to settle or file a lawsuit.
What Does It Mean to Settle a Personal Injury Case?
Settling a personal injury case means the injured party agrees to accept an amount of money as compensation instead of filing a lawsuit. The settlement might include payment for lost wages, medical bills, and damages among many other expenses that apply due to the injury. Both parties must reach an agreement before a settlement is made.
If you are represented by an attorney, he/she will normally prepare a demand letter to the Defendant and their insurance company. This demand letter will include the facts of the accident, your injuries, medical treatment, medical expenses, and finally the amount demanded to resolve your injury claim against the at-fault party. There is a time limit on the demand letter allowing the Defendant sufficient time to review the contents of the demand letter and complete their evaluation of the claim. If a settlement is reached, a release will be prepared detailing the amount the case settled for and an agreement resolving all claims against the Defendant. The case will not go to trial once this release is signed.
In some cases, settling the claim may be the best option. Most people want to avoid having to deal with the process of a lawsuit. However, the liable party may try to resolve the personal injury claim for an amount that does not fairly compensate the injured party. Therefore, when this occurs, the injured party’s best option is to file a lawsuit.
How Do I Know If I Should File a Lawsuit?
If another person has injured you, it is best to speak with a knowledgeable and experienced attorney instead of settling your injury case without further insight. While settlement may seem the easiest route to put the situation behind you, many people have underestimated their injuries and damages.
A lawsuit may hold the liable party accountable for the damage they caused. With a personal injury lawyer, your case is reviewed and evaluated to decide the best action to take. If your attorney determines there is sufficient evidence to present in court, this is often the most beneficial route to take. Here are steps to consider before proceeding in filing a lawsuit:
- Speak with a knowledgeable and experienced attorney;
- Determine if there is sufficient evidence to present in court;
- Evaluate the estimated present and future costs and damages for your injuries.
No matter what your case looks like or how your injuries and damages may be perceived at a glance, an experienced attorney can help you better understand your rights. In a lawsuit, you have the opportunity to receive more compensation than is offered in a pre-suit settlement. You will have a chance to feel rightly justified for the injuries and damages the liable party caused you. We understand trials can be long and drawn out, but we will be there to represent your best interests every step of the way.
Filing a Personal Injury Lawsuit in Florida
Many people have suffered from personal injuries due to the negligence of another party. Personal injury lawsuits can be filed against a single person, a business, or multiple parties. To file a claim in Florida, you need to prove that the person was negligent and that it directly led to your injuries.
To add to your case, you will want to keep all records and documentation for the costs and damages that followed your injuries, no matter how long after the accident or event occurred. When you choose to file a personal injury lawsuit in Florida, working with an experienced attorney helps you gather everything you need and keep your case organized.
For example, Florida is a no-fault state for auto accidents. You will likely deal with one or two insurance companies that provide their coverage related to what their set amount looks like. Your injuries may not be rightly compensated with the amount set by the liable parties’ coverage. For serious injuries, you may be entitled to more compensation from a personal injury lawsuit that can help you fully recover.
A Trusted Attorney for Your Personal Injury Case in St. Petersburg
We understand that settlements and lawsuits may seem intimidating. No matter what your case looks like, our legal team offers a free consultation to review the details of your case. With a dedicated background in personal injury law, Frank P. Marsalisi is eager to represent you in the courtroom. Give our office a call at (727) 800-5052 or contact us using our online form to schedule your consultation and meet our legal team. We also speak Spanish.
Marsalisi Law is Where Law Gets Personal!