Car accidents in Tampa can cause severe injuries and significant monetary losses. A victim may have a claim for damages against the at-fault driver or an insurer. However, Tampa car accident settlements can take time. The facts of your case will dictate how long the process takes from start to finish.
Factors That Can Impact the Tampa Car Accident Settlement Process
Each car accident claim is unique. The factors involved in the case can impact how much time it takes to receive a settlement check.
Factors that could lengthen the time it takes to resolve your injury claim include:
- The complexity of the case and the parties involved
- Disputes regarding liability for causing the accident
- The severity and type of injuries you sustained in the crash
- Disputes regarding the damages you incurred and their value
- Whether your injuries caused permanent disabilities and impairments
- The willingness of the insurance company to negotiate a fair settlement amount
- The need to file a car accident lawsuit
A skilled Tampa car accident lawyer can help minimize the impact of factors that could cause your case to drag on for longer than necessary.
What Steps Are Involved in the Timeline of a Car Accident Case in Tampa, FL?
The car accident claims process may vary depending on the circumstances. However, most cases involve the following:
Report the Auto Accident
You should call 911 after your crash; Florida law requires drivers to report car accidents if any of the following criteria apply:
- Someone suffered injuries or death
- A driver is under the influence
- A commercial vehicle is involved
- Damage to vehicles requiring them to be towed away
- The other driver fled the accident scene (hit-and-run)
Because you cannot be sure whether you were injured without an evaluation, it is best to report the crash and request help. An official police report benefits you when you file a car accident claim.
Document the Accident Scene
You should try to collect evidence at the accident scene while it is fresh.
If it is safe to do so:
- Take pictures of the vehicles and the accident scene
- Make a video of the entire area
- Photograph any hazards that could have contributed to the cause of the crash
- Ask for the names and contact details of witnesses
The police will gather insurance, driver’s license, and registration information. However, if they don’t investigate the scene for any reason, you must exchange this information with the other driver.
Seek Medical Treatment
Prompt medical attention helps you heal from injuries and reduces the risk of complications and impairments. It also helps you with a car accident claim. Delays in medical care may be used against you during the case.
Keep copies of all medical records and bills, as well as receipts for prescriptions and other healthcare expenses.
Contact an Attorney About Your Case
An experienced Tampa car accident attorney can efficiently move through the steps to settle your claim. Our legal team can handle all aspects of your case, including dealing with the insurance companies.
Investigation and Evidence Gathering
Your attorney will investigate the cause of your car accident to gather additional evidence and information. Sometimes, a lawyer may hire one or more experts, including medical specialists and accident reconstructionists, to assist with the case. They’ll interview witnesses, gather records, and analyze the facts involved.
Your attorney can also gather evidence proving your economic and non-economic damages. They’ll assess the value of your case by analyzing these losses.
Economic damages include your financial losses, such as:
- Lost wages and benefits
- Medical bills
- Property damage
- Out-of-pocket expenses
- Rehabilitative therapies
- Reduction in earning capacity
- Nursing and/or personal care
Non-economic damages could include pain and suffering, diminished quality of life, emotional distress, impairments, and disfigurement. The value of your damages will depend on the circumstances of your case.
Prepare a Demand Letter and Negotiate a Settlement
A settlement demand letter contains information regarding the claim. Your attorney will prepare the letter and send it to the insurance company.
A settlement demand letter includes:
- Identification of the parties involved in the accident
- Facts detailing how the accident occurred
- A description of your injuries
- A discussion of the legal basis for holding the other party liable for damages
- A list of your damages
- The amount you agree to accept to settle the car accident claim
The insurance company will review the settlement demand letter. It may pay the claim, deny the offer, or make a counteroffer. The company often makes a counteroffer, which begins the negotiation process.
Your attorney and the insurer may engage in back-and-forth negotiations. The goal is to agree to an amount that compensates you fairly for your injuries based on the facts of your case.
Receive a Settlement Check or File a Lawsuit
If you agree to a settlement amount, the insurance company will issue a check after you sign the settlement agreement. This agreement outlines the details of your settlement. It also releases all parties from any further claims. Therefore, you give up the right to file a lawsuit or other claims when you sign a settlement agreement.
Your attorney may need to file a lawsuit if the insurance company refuses to negotiate a fair settlement.
Car accident lawsuits can take more than a year to go to trial. However, the parties may negotiate a settlement at any time before the jury issues a verdict. Many lawsuits settle after the discovery phase because the parties have additional information that helps them determine whether going to trial or accepting a settlement offer is in their best interest.
Contact Our Tampa Personal Injury Lawyers For Help Navigating the Car Accident Settlement Process
If you were injured in a car accident, you may be entitled to compensation for your injuries. Contact Winters & Yonker Personal Injury Lawyers for a free consultation with an attorney. We’ll fight to get you a full and fair car accident settlement in the quickest time possible.