Loune-Djenia Askew, Esq
Jun 6, 2025
Here’s a breakdown of how personal injury settlements are negotiated in Florida and what to expect at each step.
An accident can turn your world upside down. A car crash, a fall, or another kind of accident caused by someone else’s negligence, the aftermath often includes pain, emotional stress, and financial strain. Many people wonder how the settlement process works—and if they’ll be treated fairly.
Here’s a breakdown of how personal injury settlements are negotiated in Florida and what to expect at each step.
Step 1: Listening to Your Story
The process starts with understanding how the injury has affected your life. We take time to learn about your physical injuries, emotional struggles, and financial concerns. You are more than just a case to us—you’re a person who deserves to be heard. We offer a free consultation and are available anytime you have questions.
Step 2: Investigating and Building Your Case
We gather everything needed to support your claim, including medical records, accident reports, photos, and witness statements. The goal is to show that another party’s negligence directly caused your injury—and that you deserve full compensation.
Step 3: Calculating the Value of Your Claim
Insurance companies often try to settle quickly and for less than you’re owed. That’s why we take time to calculate a fair value for your case. This includes:
Current and future medical bills
Lost income and reduced earning ability
Pain and suffering
Emotional distress
And more
Every case is unique, and we fight to ensure that no damage is overlooked.
Step 4: Sending a Demand Letter
We send a formal demand letter to the insurance company outlining your injuries, the facts of the case, and the compensation you're seeking. This letter is what kickstarts the negotiation process.
Step 5: The Insurance Company’s Response
In Florida, insurers are expected to acknowledge your claim within 14 days and respond within 30 days—but these are guidelines, not strict deadlines. Response times can vary depending on the company and the complexity of your case.
Step 6: Negotiation and Mediation
If the insurance company doesn’t offer a fair settlement, we begin negotiations. Sometimes, we recommend mediation—a voluntary process where both sides work with a neutral third party to reach an agreement. Many cases are resolved this way without going to court.
Step 7: Reviewing Offers Carefully
We review every offer with you to make sure it truly covers your needs now and in the future. If it doesn’t, we push back. You’re never pressured to accept a low offer, and we’re committed to fighting for what’s right.
Step 8: Going to Court If Necessary
Most cases are resolved through negotiation, but if the insurance company refuses to be fair, we’re ready to take your case to court. In Florida, you typically have two years from the date of the injury to file a lawsuit. Going to court might sound intimidating, but it’s sometimes the best way to get the compensation you deserve—and it can set a precedent that helps others too.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.