Mark Roman | June 13, 2023 | Personal Injury
If you were injured in a car accident, slip and fall, or another type of accident, you might be able to recover compensation for your medical expenses, lost wages, and pain and suffering. Most personal injury cases end in a settlement, and the accident victim receives a settlement check.
Here is everything you need to know about the process of receiving a settlement check in New Port Richey, Florida.
Situations That Can Result in Personal Injury Cases and Settlement Checks
Various types of personal injury cases can result in the award of a settlement check, including:
- Car accidents
- Truck accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Product liability accidents
- Slip and fall accidents
- Medical malpractice
- Workplace accidents
These accidents can cause significant losses, including medical expenses, lost wages, property damage, pain and suffering. Through an accident claim, you may be able to receive a settlement to compensate you for these losses.
What Is a Legal Settlement?
A legal settlement occurs when parties involved in a legal dispute mutually agree to resolve the matter.
In personal injury cases, this is often through a settlement in which the accident victim receives money in exchange for dropping their claims against the negligent party. If a case is pending in court, it is dismissed. The victim gives up the right to bring forth related claims against the negligent party.
Pros and Cons of a Legal Settlement
There are various advantages and disadvantages of accepting a legal settlement, including:
Some of the advantages of settling your case include:
- You avoid the uncertainty of trial
- You know exactly how much money you can receive
- You can receive money faster
- You do not have to worry about enforcing a judgment or the defendant being insolvent
There are some disadvantages that you should consider before accepting a settlement, such as:
- If you later discover you have suffered more extensive damages than you first thought, you likely will not be able to recover any more compensation
- You may receive a higher amount of damages in a jury trial
- You will not be able to publicly discuss the negligence because the settlement will probably be confidential
Your personal injury attorney will explain the pros and cons associated with accepting a settlement versus going to trial in your case.
The Process of Receiving Your Settlement in New Port Richey
Here are the general steps involved in an insurance claim and receiving a settlement check:
File an Insurance Claim
After the accident, you probably reported it to the insurance carrier that covers the incident. This claim may be a basic statement of facts about how the accident happened and how the defendant is responsible for your damages. The insurance claim can be made within days of the accident.
Your personal injury lawyer can conduct an investigation to help establish who and what caused the accident.
This may involve gathering evidence such as:
- Accident reports
- Witness statements
- Photos or videos of the accident
- Information stored in electronic form
- Medical records
- Public records
- Records of previous incidents
The amount of time it takes to conduct an investigation depends on the nature and severity of the accident.
Prepare and Send a Demand
Your personal injury lawyer prepares a demand package that outlines key information about the accident, such as how it occurred, why the defendant is legally responsible, and the amount of compensation you agree to accept.
It may take several months or longer to reach this point in the process because your lawyer will need to compile strong evidence to support your claim. Additionally, your lawyer may wait until you reach maximum medical improvement so they will have a better idea about the full extent of your injuries.
The insurer and your personal injury lawyer may engage in several rounds of negotiations before they reach a figure you both can agree on.
Release of Liability
The defendant’s attorney or insurer will present you with a release that outlines the terms and conditions of the settlement. The release also generally states that you will not pursue additional compensation against the at-fault party, you agree to settle the case for the amount agreed upon and have no right to further compensation, and the defendant does not admit fault.
The Issuance of the Settlement Check
Florida law requires the insurer to send your settlement check within 20 days of reaching the settlement, unless your attorney has agreed to another date. Your attorney deducts certain amounts from the settlement check before you receive your share.
These amounts may include:
- Medical liens for the treatment you received after the accident
- Attorney fees
- Costs associated with your case, such as postage and medical record requests
Your lawyer writes a check to you for the remaining amount of the settlement.
A New Port Richey Personal Injury Attorney Can Help You Negotiate a Fair Settlement
If you think you may be entitled to a settlement, contact an experienced New Port Richey personal injury lawyer. They’ll help you negotiate for an amount that fully compensates you for your damages.
Contact the New Port Richey Personal Injury Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in New Port Richey. We have five convenient locations in Florida: Clearwater, New Port Richey, and Tampa.
Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655