The personal injury claims process generally begins when the injured party hires an attorney to assist them in seeking compensation for their injuries. The attorney submits a demand to the at-fault party’s insurer for the full value of the injuries. You determine the claim’s value by looking at the at-fault party’s insurance limit, the severity of the injury, current and future costs of medical care, the presence of permanent disabilities, and the impact on the claimant’s ability to earn an income. Upon receiving the demand, the insurer can opt to pay it, deny it, or make an offer to settle the claim for less than its full value. If the insurer offers a settlement, the claimant’s attorney can negotiate to convince them to increase their offer. If the insurer fails to offer fair compensation for the claim, the attorney can file a lawsuit in court. Lawsuits generally must be filed within the statute of limitation, a certain amount of time after the accident, for the court to consider liability and compensation. In Florida, you must file personal injury and property damage claims within four years of the accident. If you lost a loved one due to the accident and want to seek compensation through a wrongful death claim for the expenses and impacts of your loss, you have two years to file that claim in court. Just because you file a lawsuit does not necessarily mean that the case will go to trial. Insurers can make settlement offers from when the demand is submitted until the court rules on the lawsuit. While all lawsuits go to trial on television, in reality, studies suggest that up to 96 percent of all personal injury claims resolve outside of court.