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    A lot of people face injuries, property damage, and other losses caused by someone else’s actions or failure to act. Many get compensation for these losses by filing a personal injury claim. Some people do not know the difference between an injury claim and a lawsuit. This article will educate you about each process and how they are related. 

    If you have ever been involved in an auto accident caused by somebody else and faced severe damages, then you understand the pain and suffering one has to endure. In such a situation, rather than sitting idly by, it is better to discuss your concerns with a Fort Myers Auto Accident Lawyer.

    Attorneys can assist you with taking proper steps to obtain compensation. Some accident victims file a lawsuit to get maximum compensation for their damages, but lawsuits take time and are not always the most expedient way to recover damages. If you want to know more about your options, continue reading. We will cover all the important details.

    Injury lawsuit vs. Injury claim

    A personal injury claim involves filing a claim with an insurance company to negotiate a payment for your injuries up to the insured’s policy limits. A personal injury claim does not involve the court system. A personal injury lawsuit occurs when you take the party responsible for your injuries to court because the claim did not result in a fair settlement offer. In a substantial number of cases, people recover damages through settlements outside of the court system. 

    If you file a claim with the insurance company, you may not have to go to court. Instead, your attorneys will coordinate between the responsible person and insurance companies to reach agreement on a fair settlement. This is also known as an “agreed-upon settlement.” If you are able to agree to settlement terms, you may not have to file a lawsuit. 

    Lawsuit – It starts when the plaintiff (the accident victim) files a complaint with the court and serves a copy of the complaint on the defendant. The complaint describes the plaintiff’s damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks for relief, usually in the form of monetary damages.

    The court will typically try to encourage parties to reach a settlement agreement without the court’s intervention. If a lawsuit does not settle, the court will schedule a trial. In a wide variety of civil cases, either side is entitled to request a jury trial. If the parties waive their right to a jury, then a judge without a jury will hear the case.

    Claims- Personal liability insurance provides coverage for bodily injury and property damage sustained by others for which the insured is legally responsible. When you have been injured in an accident and either you or the responsible party carries liability insurance, your first step is often to recover compensation from the insurance company.

    Sometimes, injured people and insurance companies are able to reach a fair settlement agreement. Often, however, insurance companies attempt to find ways to reduce the amount to save money. It can be helpful to have a lawyer skilled in negotiation to ensure that you get what you are owed for your injuries and other damages. If the insurance company fails to deal fairly, an attorney can assist you with filing a lawsuit against the negligent party or parties. 

    Strict deadlines for filing lawsuits

    There is always a possibility that you will not receive a fair settlement offer from the other party. If this happens, do not panic, just contact an injury attorney. He will conduct a thorough investigation and anything else necessary to recover compensation that you are owed.

    The statute of limitations for filing personal injury lawsuits varies by state. The statute of limitations is the maximum period of time that can elapse from the date a cause of action arises until you can commence court proceedings. It usually starts or is calculated from the date of the accident. So, if you have wasted ample time trying to settle the case outside of court, you should hurry.

    Adhering to the statute of limitations deadline is one of the most important things to keep in mind if you are planning to bring your case to court. This can be an option when you did not get a fair settlement from the other party responsible for your losses. Your attorney can assist you with filing a strong lawsuit that includes all mandatory documents.

    The statute of limitations can range from one to six years from the date of the accident, depending on the state you live in. Many states have established a two year deadline. There are also special “tolling” rules that are exceptions to the general deadline.

    When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which they are permitted to bring a lawsuit.

    A qualified legal professional will review the facts of your case to determine when the statute of limitations expires and file a timely lawsuit.

    Paperwork to prove important elements matter

    If you are going to file a lawsuit, then proper documentation plays a huge role. You must be prepared to submit relevant documents to prove your monetary losses and other damages. You will have to file a complaint with the court. The responsible party must answer the complaint and a date will be set to appear in front of the court. If fault is not disputed, you may be able to resolve the case quickly. If the claim is disputed, then the other party should be ready to defend themselves.

    Proving liability or proving the other party’s fault is only one part of the process. To show negligence, the following things must also be demonstrated to the court:

    • The defendant had a duty to act with reasonable care under the circumstances
    • The defendant was found to have breached their duty of care by behaving poorly or in opposition to other people’s safety
    • This breach was the cause of harm to the plaintiff
    • The defendant’s actions caused monetary losses and/or other damages to the plaintiff

    A Fort Myers Personal Injury Attorney at Berke Law Firm can help you with both the insurance claim and lawsuit process. We can assist you in making your case stronger and providing relevant documentation that proves your damages. Our legal team has impeccable 35+ year experience in handling all types of injury claims.


    Your Attorney

    Bill B. Berke

    Mr. Berke is an experienced attorney based in Southwest Florida. He received his Bachelor of Science in Business Degree from Indiana University in 1982 and his Juris Doctor Degree from the University of Florida in 1985. Since 1986, he has been running his own law firm, Berke Law Firm, P.A., exclusively representing injured individuals. He is admitted to practice in various courts, including the Supreme Court of the United States. Mr. Berke specializes in workers' compensation, social security disability, defective drug/device litigation, employment law, and overtime claims. He is actively involved in professional associations and community organizations, advocating for the rights of employees and claimants.

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