Typical Car Accident Settlement Process and Timelines in Miami Based on Florida Law
While the settlement timeline in Miami can be different from case to case, the overall process follows the same key steps. An experienced Miami car accident lawyer can guide you through Florida’s legal system and explain what to expect along the way. It’s important to remember that Florida law gives you two years from the date of the accident to file your claim and protect your right to recover compensation.
- Submit your claim: Notify your insurance company as soon as possible after your car accident, and submit any required claim forms, medical records, and other evidence you have supporting your claim.
- Insurance review and investigation: Your insurance company will investigate after filing the claim. Florida requires insurers to begin investigating within 30 days and to make a decision within 90 days.
- Complete medical treatment and reach Maximum Medical Improvement (MMI): Before you settle, you should complete all medical treatments related to your injuries caused by the accident. Once your doctor believes you have reached maximum recovery, you can pursue a settlement with all expenses in mind.
- Attorney prepares a settlement demand letter: To initiate negotiations, your attorney will prepare a demand letter that fully accounts for all of your damages, from non-monetary damages to injuries and property damage.
- Negotiate the settlement: The insurance company will begin negotiations with your lawyer after receiving the letter. They will likely counter with a lower offer, which we will fight until we reach a fair settlement.
- Reach a settlement agreement: When settling with the insurance company, both parties sign an agreement with payment terms.
- Sign release and issue settlement funds: When you sign the agreement, you will also receive a release form to sign, preventing you from pursuing further legal action related to the case. In Florida, you can expect your payment to be released by insurance within 20 days.
- Distribution and lien resolution: Your attorney will first receive your settlement check and use it to pay off any outstanding fees, including their contingency fee. If Medicaid, Medicare, or private insurance covered your bills, they may place liens on your settlement, but your attorney will negotiate to reduce what you owe and maximize your settlement. The remaining settlement amount will go to you.
- Case closure: Receiving your final settlement amount will complete your claim and close your case, allowing you to move forward from the legal process. Due to the release, you cannot file additional claims.
Factors That Can Delay Your Car Accident Settlement
Depending on the circumstances of your car accident, this timeline may look a little different from case to case in Miami. Your settlement may be delayed if you are still recovering from your injuries, if the responsibility of the accident is being disputed, or if an insurance company is trying to delay payment.
Your case may take longer if liability is disputed. Florida’s comparative negligence laws allow both parties to share responsibility, which can be challenged during insurance reviews of evidence. While they must respond within 30 days, negotiations have no strict time limit, apart from the statute of limitations.
Insurance companies also recognize how important this time is for collision victims, and they often delay making decisions or finalizing payouts in hopes that you’ll settle for a lower offer because your need is too great. Insurers are known for using tactics to delay payouts or minimize them, and having a negotiator prepared for this will help guarantee fair compensation.
Procedural or legal issues like medical liens or final settlement disputes may need more legal review and add time to your case. A car accident lawyer can help you handle these issues and secure your rightful compensation efficiently.
What You Should Do Before Accepting a Settlement
Before accepting a settlement from an insurance company, it’s helpful to consider a few important factors. Taking these steps into consideration can help protect you and your case.
- Reach Maximum Medical Improvement before pursuing a settlement: MMI is the point when your injuries will no longer medically improve, which a doctor determines. You should wait to seek damages until you reach MMI, so that all of your medical expenses can be considered. If you have a permanent disability or long-term injury, it may be impractical to wait to file, and instead, you can estimate future expenses and lost earnings.
- Gather and organize documentation: Collect all medical bills, police reports, photos or videos of the accident, witness statements, and any other evidence you have related to the collision.
- Consult a lawyer to ensure full compensation: You might not be aware of all damages available to you without a lawyer’s input, such as non-economic damages like pain and suffering, or lost wages and medical expenses. A lawyer can tell you if your settlement is fair or if your payout is being minimized.
How Payer Law Helps with Miami Car Accident Settlements
Working with an attorney who understands Miami’s legal landscape can make a significant difference in the outcome of your car accident case. James D. Payer and his team focus on helping victims build strong claims, negotiate effectively with insurance companies, and address any delays or tactics designed to minimize compensation. Their goal is to protect your rights and secure the highest possible settlement for your Miami car accident.
Wondering how long your settlement will take? Let our Miami experts guide you—schedule a free consultation today or call our Miami office at (305) 363-7099.
