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How Does The Insurance Claim Process Work?


Filing an insurance claim, especially if it’s significant, isn’t always as easy and straightforward as you might hope. There are a lot of factors to consider and a lot of negotiations – while some prices are set in stone, that’s rarely true about large insurance claims. This means there’s a lot of wiggle room for the final number, and how much you get can depend on how much you know about the process and what to do.

  • Record All Aspects Of The IncidentYou’ll want as thick of a paper trail as possible, even if it’s not all on paper. If you or your property were damaged, take photos of it. Acquire and hold on to repair and replacement estimates and costs, medical bills and future estimates, and any other costs related to the incident, including your lawyer. Although most personal injury lawyers are paid on a contingency basis, his or her fee may be included in the overall settlement figure.
  • Assess The Basic DamagesSome costs you can demand compensation for are fairly simple and straightforward: medical bills, lost wages from missed workdays, repair and replacement costs for damaged property, and (in some cases) funeral and estate settlement costs.However, other damages are less obvious: pain and suffering, loss of companionship, and permanent disability, just to name a few. These costs are based more on guidelines than they are on bills, and so they’re the main subject of the negotiation.

    For instance, “pain and suffering” is usually added to any settlement with a physical injury. This amount can range from around 50 percent of the base medical bills for a minor injury to four times the amount for something serious, traumatic, and/or long-lasting. If the damage is very serious, such as a lost limb or paralysis, the pain and suffering payment may even go up to ten times the base.


  • Determine Fault And NegotiateOne benefit of settling out of court is that no one has to admit fault. That said, you and all the other parties involved will likely come up with an unofficial percentage so that everyone can pay an appropriate amount of the overall total.Once the percentages are fixed, the time comes to fix the settlement value. You’ll send in a demand letter for a fee that’s above the base, the claims adjuster will counter with an offer that’s below it, and the negotiation begins.

    Don’t think that it will be as simple as quoting numbers at each other until you reach the default amount, however. If you try that, the adjuster will simply stop moving and wait until you finish whittling yourself down. Instead, ask them specifically why they lowered your claim by so much and get their arguments in writing. This way you can individually counter each argument, also in writing.


    Don’t be afraid to go for the emotional appeal, either. They come up all the time because they’re useful all the time, and an emotional appeal can be very effective so long as you avoid excessive exaggeration and lies.


  • Go To Court (If Necessary)If the claims process is going to fail at any point, it’ll fail during negotiations. After all, courts are meant to determine fault and the size of damages, so they only come up when the parties involved can’t come to a satisfactory compromise on their own. Courts also tend to be costly, and so insurance companies tend to avoid them when they can, a point you can use in your favor if you hire a lawyer with the resources to get you there.

    If you live in Florida, particularly in the southwest, and if you need help or advice from a personal injury lawyer, then contact the offices of , Goldman, Babboni, and Walsh. We’ve got decades of collective experience dealing with insurance companies and we’ve got all the resources every law firm needs to go all the way to court. So if you hire us, we’ll do everything we can to get you the settlement you deserve.


During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

How Does The Insurance Claim Process Work?

Goldman Babboni Fernandez
Murphy & Walsh




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