What Happens to the Insured in a Florida Personal Injury Claim?
With the hospitals and the insurance company to deal with, it is a very stressful experience being the claimant in a Florida personal injury claim. As such, you may wonder if what the defendant of the case goes through compares to what you have to go through. The short answer is: no, the defendant doesn’t.
After your accident, the insurance company will contact the party responsible and take a statement. If the defendant is an individual, a representative from the insurance company will interview the defendant over the phone, and the defendant will be asked to provide a narrative recollection of the accident. If the defendant is a company, the insurance company may send a representative to take a statement on-site.
Except in truly remarkable circumstances, the defendant will not hear from the insurance company again after this information has been collected. The insurance company typically needs no further input from the defendant; thus, it is typically not a priority to keep the defendant informed. With some major exceptions (such as in medical malpractice suits), the defendant goes about his life, hoping that the case does not proceed to litigation.
If your Florida personal injury attorney decides that it is the only way for you to collect reasonable damages, the case will proceed to litigation. In this situation, the insurance company will hire an attorney to represent the defendant, who is obligated to participate in the trial. This will mark the defendant’s first real involvement in the case.
The lawsuit itself will be against the defendant and not against the insurance company. This is a key fact, since referencing the actions of the insurance company during the trial may result in a mistrial. However, the trial results in a favorable decision for you, the insurance carrier will have to pay the damages.
If you have been injured in Florida, you deserve compensation for your medical expenses and for your pain and suffering. Make sure you have an experienced Florida personal injury attorney who can do that for you. Call dedicated Florida personal injury attorney John Fagan today to schedule a free initial consultation.