Your Guide to the Insurance Claims Process in Florida

August 06, 2019

By Rudenberg & Glasser, P.A.

Many of us are well aware of the fact that accidents happen every day. At times, it can seem as if a serious accident will never affect you.

Until it does. In literally a matter of seconds, an accident can happen, an injury can occur, and someone’s life can change forever. While it may not be yours today, the truth is that we don’t know what tomorrow holds. If you or a loved one is injured in an accident, we want you to know what to do in order to ensure you receive the compensation that you will need to heal.

Most injury victims are new to the whole personal injury claims process. Even if they have already been through it before, every accident and each personal injury case will vary greatly.

If you’re involved in an accident in the Sunshine State, you will most likely be filing a personal injury claim in order to get compensated for medical bills, lost wages, and pain and suffering. Our tenacious personal injury attorneys are here to help guide you through the claims process every step of the way.

Get Medical Attention Immediately

Following your accident, it is critical to seek medical attention as soon as you can. Your personal injury case will involve proving that your injuries were sustained in the accident. Getting a medical diagnosis is a key part of your evidence. The doctor evaluating you will be able to assess your injuries, document how they occurred, and formulate a treatment plan for you to follow.

Notify Your Insurance Company

Florida follows a no-fault insurance system. This means that your own insurance company will cover your medical bills and related expenses, regardless of who is determined to be at fault. Once you have received proper medical attention, you should file a claim with your insurance company as soon as you can.

Hire an Experienced Fort Lauderdale Attorney

You will be working with your own insurance company on your claim and will want to provide them with adequate information. However, remember that the insurance company is still a business. The insurance adjuster evaluating your case does so every day and will be looking out for the best interests of their company.

An experienced personal injury attorney also evaluates claims on a daily basis. The difference is that an attorney will be looking out for your best interests. They will ensure that you give the insurance company the information they need, but refrain from doing or saying anything that could potentially hurt your case.

Gather Your Own Records

Once you file your personal injury claim, the insurance company handling your claim will launch a very detailed investigation into what happened and who is at fault for the accident. Don’t just rely on their version of events when determining compensation. You and your personal injury attorney should also gather evidence for the case, including:

Police records
Witness statement
Photos and videos of the accident
Medical records

The insurance company may try to turn the evidence in their own favor. Once you gather all your records, your attorney will be able to compare the evidence from each party and determine if there’s any discretion between the two.

Should You Settle?

A settlement is when a plaintiff (the injured party) agrees to accept a set amount of compensation from the defendant (in this case, the insurance company). Several factors are considered when determining compensation amounts, including:

The severity of your injuries
Past and future lost wages
Your degree of fault in the accident
The type of insurance you and the other party had
The amount of evidence provided
Your attorney’s ability to argue your case

While it’s true that a majority of personal injury cases settle, the reality is that insurance companies won’t always offer injury victims the full compensation they deserve.

Your personal injury attorney will be able to look at the evidence of your case and determine if you deserve a higher settlement offer. If the insurance company is not willing to offer you more, your attorney should be willing to go to court to fight for your rights.

Our personal injury attorneys have made a name for ourselves in the legal community. Backed by more than 25 years of combined experience and a track record of success, we have shown that we are not afraid to go against large insurance companies and corporations for our clients. Let us put our experience to work for you so that you can focus on healing.

You don’t have to go through this process alone. Contact Rudenberg & Glasser at (954) 543-1788 for seasoned legal advocates standing in your corner.

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Our Victories

Not Guilty, Acquitted at Trial Aggravated Battery with a Deadly Weapon

Outcome: Client was alleged to have used his vehicle to strike victim, and there was video of the incident which could have been interpreted to actually show the crime. The state was offering significant prison time before trial. By meticulous planning and strategic cross-examination to expose the motives and fabrications by the alleged victim, and an eyewitness in support of the alleged victim, Rudenberg & Glasser convinced a jury to acquit the client and avoid a mandatory long prison sentence.
Domestic Violence
Outcome: Rudenberg & Glasser went to trial and were able to show during cross-examination that the alleged victim was the aggressor and that the client acted in self-defense. The jury returned a not guilty verdict almost immediately following trial.
Domestic Violence With 911 Call and Pictures
Outcome: Rudenberg & Glasser took the case to trial after fleshing out inconsistencies in the alleged victim's account. The jury returned a verdict of not guilty and the client's unblemished record was preserved.
False Arrest

Outcome: Attorney Glasser was able to show with video footage that his client did not commit the alleged offense and furthermore, the police officer who ordered his arrest was negligent in his investigation and improperly supervised.

Read more about this story on the Sun Sentinel.
Probation Only Federal Conspiracy to Commit Mail & Wire Fraud

Outcome: Through compelling sentencing memorandum and passionate oral argument, Rudenberg & Glasser were able to convince the federal court judge to sentence their client to treatment for substance abuse, and no incarceration, even though the client had a lengthy criminal history and the Government was seeking prison time.
Felony DUI: Client was in an Accident and Left the Scene
Outcome: Rudenberg & Glasser filed a compelling motion to suppress evidence based on law enforcement's actions during the investigation. Rudenberg & Glasser were able to persuade the prosecutor prior to the motion to suppress hearing that the charge should be broken down from a felony to a misdemeanor and the client was offered probation instead of the previously sought prison sentence.
Final Injunction Hearing
Outcome: Client desperately needed to avoid a final injunction on his record. Rudenberg & Glasser defended him at the hearing and proved that the Petitioner was not in fear for her safety. The judge dismissed the injunction.
First-Degree Misdemeanor: Resisting Police Officer Without Violence
Outcome: Mr. Rudenberg presented evidence that the police officer’s version of events was not credible, and that accusations were made to justify excessive use of force by police officer. Jury returned a verdict of not guilty in less than five minutes.
First-Degree Misdemeanors: DUI & Possession of Cannabis
Outcome: Mr. Rudenberg won a motion arguing the DUI checkpoint was conducted in violation of the Fourth Amendment, and the Judge entered an order suppressing all evidence. Case was dropped by the State, and client avoided a mandatory conviction for DUI, as well as mandatory fines and license suspensions.
$250,000 Pre-Trial Personal Injury

Outcome: Client was injured by a malfunctioning door, requiring stitches and leaving a scar on client's knee. There were limited medical bills and no surgeries, but through extremely challenging and successful negotiations, Rudenberg & Glasser were able to secure a settlement of $250,000.

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