There is, unlike in some personal injury cases, a statutory limitation that has to be followed for a direct-action lawsuit against an insurance company. In Florida, it is usually not possible to file a direct lawsuit within the statutory limitations. However, Florida courts are frequently willing to grant plaintiffs a new trial, if they can show that the insurance company acted unreasonably within the statute of limitation period. But that does not mean that you can file and move forward with a direct lawsuit after the statute of limitation expires.
The Florida legislature passed an Act in 1998, called the “Settlement Law” which provides that a lawsuit cannot be filed more than six years after the incident occurred. But, again, the statute of limitation is only six years, not ten years. If you file your lawsuit after the statute of limitation expires, your lawsuit will be barred by the above provision of the law. Again, filing your lawsuit after the limit period is reached is not a wise move.
You should also bear in mind that the statute of limitation on your state may not apply to your direct-action lawsuit. This is often the case where a negligent act has been committed. But even then, your lawsuit may be barred unless the negligence can be proved. This again highlights the importance of hiring a lawyer who will ensure that his client’s lawsuit gets resolved in the desired manner – right away!
Many people, when filing their lawsuits, make the mistake of not providing the insurance company with a lawsuit Demand and Discovery Demand. This is very important! Without such a document, the insurance company cannot prepare its defense in court and can only rely on information provided to them by the defendants. An aggressive plaintiff, using a lawsuit Demand and Discovery Demand, can often force the defendant to admit liability and settlement terms that he or she would not otherwise accept. Therefore, you should keep this in mind whenever you consider filing a lawsuit for direct actions.
If you are seeking a claim for personal injury lawsuit, a promissory note is often required. This is because, in the case of a lawsuit for personal injuries, it is very common for an injured person to obtain money only after some form of settlement. Therefore, the money received from such lawsuits will be considered an interest for which the plaintiff is responsible. In addition, if a direct-action lawsuit is filed against a business, the company may choose to fight your lawsuit. Such a lawsuit could have a very adverse financial impact on the company. Therefore, you should take care to get a legal agreement in writing before signing on any kind of agreement regarding your lawsuit.
Finally, you must remember that, in most instances, when a lawsuit is filed against another individual or corporation, they have thirty days within which to respond to your complaint. This is important because at this point, the complaining party has to show what it can do about the complaint, and whether or not it will be willing to enter into negotiations with the other party to resolve the dispute between them. This is particularly important whenever you are pursuing a lawsuit for a claim for economic damage. In the event that the defendant does not offer reasonable solutions to the claims you have filed, you may want to consider taking the direct action lawsuit to the court house to seek appropriate compensation. You should make sure that you have properly prepared your complaint before you file it so that you do not waste your time in trying to correct any inaccuracies in the lawsuit as soon as possible.