What is the procedure for filing a claim in an insurance litigation case?
In Florida, filing a claim in an insurance litigation case is usually done in civil court. The process starts with the filing of a complaint that sets out the facts of the dispute, the type of insurance coverage involved, and the total amount of damages being sought. The complaint must then be served to the defendant, either by the complainant or a process server. The defendant must respond to the complaint within 20 days, either admitting or denying liability. If liability is denied, it is up to the plaintiff to present evidence during the trial to prove the defendant is liable. The court will make a decision based on the evidence presented. The defendant may also make a counterclaim, which the plaintiff must then respond to. If the defendant is found liable, they must pay damages to the Plaintiff. Damages may include financial losses, emotional distress, and/or other costs associated with the dispute. The parties may agree to settle the dispute out of court. In these cases, the defendant agrees to pay a certain amount of money or provide something else of value to the plaintiff as compensation for the dispute. Once all issues are settled, or a court case has gone to trial, the case is officially closed and the parties involved can move on.
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