What To Expect From An Auto Accident Injury Settlement

by | Apr 27, 2015 | Legal

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An auto accident lawyer in Miami will fight for your rightful compensation should you find yourself in the unfortunate position of having been injured in a car accident in which you were not in fault. In many cases, the lawyer takes the action based on a contingency arrangement which simply means that the legal fee is paid upon the successful conclusion of the case. In the greatest majority of cases, the settlement money comes from the at-fault driver’s insurance company, however, there are cases where the award must come directly from the personal finances of the defendant. The amount that is settled on is often thrashed out in an out-of-court settlement but if this is not possible the case will go into court.

Although there are accidents wherein both driver’s share equally in the fault, in the majority of cases there is one party that is liable. In the event, the person not at fault was injured he or she will be subject to a settlement. This money is considered to be compensation from the responsible party to the injured party. The money is said to be a “settlement” as it is awarded at the end of the process which all starts with a claim. Between the initial claim and the ultimate settlement, there are invariably negotiations which eventually result in the final monetary award.

In cases where there are no injuries or the injuries are of a minor nature then settlement is usually reached quickly between the parties involved and there is no need for legal representation or any third party involvement. However, if the injuries are significant and may have a long-term impact on the injured party or it appears that the settlement will carry on for an extended period of time then it is usually recommended that an auto accident lawyer in Miami be engaged.

It may turn out that the injured party has to sue for compensation in civil court. The lawyer that represents the injured party, known as the plaintiff, will battle with the lawyer representing the individual who was allegedly at fault or the insurance company that is refusing to offer reasonable compensation to the victim.

There are cases where the at-fault party is not covered by insurance. In cases like this it is up to the court to order the compensation of the victim directly from the personal finances of the negligent party. It can also happen that the defendant is under-insured, should this happen the insurance company will pay as set out in the policy and any remaining balance must be met by the individual who was found to be at fault.

If you have been involved in an auto accident and received injuries, you may need to hire an auto accident lawyer in Miami to fight for a proper settlement on your behalf. You are invited to contact Viñas & DeLuca, PLLC. Visit us at VDLegal.com

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