Feb 01, 2018 · Only an attorney can give you an estimate of the average time to settle a personal injury case. Insurance Claim Vs. Personal Injury Lawsuit. To understand how long it will take for your personal injury case to settle, you must understand the differences between an insurance claim and a personal injury lawsuit.
Stage 3: Demand and Negotiations. Typical Length of Time: Weeks to Months. Many personal injury cases, especially those involving smaller claims, settle without ever filing a lawsuit. After reviewing all of the documents that you and your lawyer obtained, your lawyer will give a professional opinion about whether the opposing party is likely to ...
That process, from start to finish, is likely to take at least a year and a half to two years. If you’ve been injured, you can count on the experience of the attorneys at Aiello & Cannick. Anthony J. Rattoballi brings over 30 years of legal experience to the firm and has spent much of his career focusing on personal injury – many of his cases have ended in settlements exceeding $1 million.
So, it's impossible to make such an exact prediction. Despite case-specific nuances, most accident, injury, and fall claims are settled within one to two years. The longer estimate accounts for a trial and affords sufficient time for an appeal.
Experienced trial attorneys know how to use the law and the facts of their client’s case to make sure that a jury will hear the evidence needed to win a case and make sure that unfair and manipulative evidence will not lead a jury in the wrong direction.
The first thing you will need to do in order to begin the legal process is to select the lawyer who will represent you. It is important to act quickly, but you also want to be sure to choose your lawyer carefully. Consider their track record of past settlements and verdicts, reviews from past clients, as well as their credentials, experience, and areas of expertise. At our office, the process always begins with a free, confidential consultation where you can meet with a lawyer and ask any questions you may have before moving forward.
Negotiations then commence and if both sides reach an agreement, the case will settle for the agreed upon amount and no lawsuit will need to be filed.
This is important because until you have reached maximum improvement, there is no telling what your total medical costs will be and how much you will need to recover. Waiting until the MMI stage gives lawyers the most accurate information about how much each case is worth.
If the parties cannot agree on a pre-lawsuit settlement amount, your case will move to the “litigation” stage and your lawyer will file a lawsuit in court. This stage involves many technical and strategic decisions and therefore sheds light on the importance of selecting an experienced and knowledgeable legal team.
Because the discovery phase provides lawyers on both sides with far more information about what a case is worth and what is likely to happen at trial, a second attempt to settle the case usually takes place towards the end of discovery. Over 95% of civil cases settle before going to trial, so it is very likely that these discussions will lead to a settlement.
A good attorney knows what they need, how to request it, how to spot it amongst all of the extra information, and how to use it to win a trial or obtain a larger settlement for the client.
The first year of a personal injury lawsuit is usually dedicated to the claimant's injury and diagnosis and treatment of that injury. Any attorney hired by the injured party will conduct an initial case investigation and begin compiling key case records.
One of the major factors impacting the time period required for the lifespan of a personal injury lawsuit is the treating doctor's prognosis for the injured claimant.
Just because the prognosis or treatment of an injury may require a few months, that does not mean that a personal injury claimant must wait for a year or two before receiving any funds from a settlement.
If you can afford to wait, you never want to settle a personal injury case until you have reached a point of maximum medical improvement (MMI) from your injuries.
Another factor that can delay settlement is if the case involves significant damages (a lot of money). Insurers simply will not pay big money on a settlement until they have done their due diligence. That means investigating every aspect of the case until they are convinced that:
Further, sometimes insurers will delay settlement on a big case simply to see if the plaintiff will give up and accept less money. Some claimants cannot wait very long for compensation. Insurers know this and will try to wait it out. Get tips on negotiating the best personal injury settlement.
there are problematic legal or factual issues. the case involves a signficant amount of money, or. you have not reached a point of maximum medical improvement. In these situations, your case is simply going to take some time to settle, unless you are prepared to take pennies on the dollar in order to resolve it.
You can settle a personal injury claim quickly, but that usually means taking less money . The important consideration is how much you'll be giving up. Let's look at why settlement might be taking longer than usual, and why you should probably think twice before taking a quick settlement.
If you have a personal injury case, and are thinking that you just want to settle it fast without getting involved in a long litigation process, you should still contact a personal injury lawyer for ta ilored advice on the risks of a quick settlement.
Meeting with the lawyer - What can you expect? Your personal injury claims begin when someone hurts you because they were not doing what an ordinary person should have been doing. But your personal injury case begins when you first meet with a lawyer.
Medical Treatment, part I This probably started before you even thought about getting a lawyer. In fact, you may have been taken to the emergency room from the scene of the injury, or sought other urgent care. Often, my clients are still treating when I first meet them.
Medical Treatment, part II Medical records are the best evidence of how the injury affected you and how you were treated. The insurance company for the person that hurt you is going to need to see those records so they can evaluate how much money to offer you.
Demand Usually after your treatment is over, but sometimes before, your lawyer will prepare a demand package for the person that hurt you - or the insurance company that is representing that person. This demand may be a written letter, a phone call, or a live presentation for an adjuster or corporate decision maker.
Negotiation Often, after your lawyer makes a demand the other side will counter with an offer. Usually the offer will be less (sometimes a lot less) than your lawyer's demand. You and the lawyer will discuss the offer and strategies for maximizing your recovery. Usually your lawyer gets permission from you to make a counter demand to the offer.
Suit and Service Eventually the other party will put its best pre-suit offer on the table, sometimes after formal assisted settlement proceedings like mediation. You and your lawyer will talk about the offer and if it is not acceptable you will need to file suit. The lawyer will draw up the necessary papers and have them filed with the court.
Discovery, part I Once your lawsuit has been filed and the defendant has been served, the defendant will "answer" the suit. Usually the defendant has around a month to answer, but in some cases it can be as long as several months. The defendant may make certain motions which will require your lawyer to respond. This can add some more time as well.
Therefore, it may be necessary to file a personal injury lawsuit to argue liability in court. While a lawsuit may settle before the case goes to trial, filing a lawsuit can lengthen the time it takes to resolve the claim. However, the goal is to get you as much money as possible. Settling too early often results in getting less money ...
After settling all claims against your settlement proceeds, your attorney deducts his fees and costs and issues you a check for your proceeds from the settlement.
In some cases, your attorney may attempt to negotiate a lower payment to a provider , which may also take additional time.
If a company has a reputation for denying valid claims or causing unnecessary delays, your lawyer may recommend filing a personal injury lawsuit instead of wasting time in pointless negotiations. You want compensation, but you only get one chance to recover for your damages.
If you settle a claim before you reach MMI, you risk settling your case for less than your claim later proved to be worth. If you sustained permanent impairments or disabilities, it takes longer to gather the medical documentation and evidence to prove the extent of your disability and the cost of future care.
Once a settlement is reached, it typically takes several weeks to receive a check. Before the insurance company issues a check, settlement agreements and releases must be drafted and executed. The company issues a check only after receiving the signed release and settlement agreement. This process takes time, even when a settlement has been reached. This process may feel too long, but it leads to good outcomes. Your attorney will keep you updated throughout the process.
The full extent of your injuries and the value of your claim cannot be determined until you reach maximum medical improvement (MMI). Upon reaching MMI, your doctors issue an opinion regarding any permanent impairment and the need for ongoing medical care. This factor can substantially increase the value of your claim. You should not settle a claim before you reach MMI. If you settle a claim before you reach MMI, you risk settling your case for less than your claim later proved to be worth.
Hiring a personal injury lawyer gives you the advantage of legal representation and one of the most crucial steps to increase your chances of being awarded the personal injury case settlement you want. A personal injury lawyer advocates for your case, protecting your personal rights and navigating the complexities of the court system ...
In a personal injury case, the most important person is the individual affected. They were the ones injured, and they are the ones who need the settlement. Thus, it is up to the client to choose how long the case lasts, depending on how long they are willing to wait for the settlement.
Thereafter, the attorney will gather the medical records that can take from 2 to 3 months depending on the extent of injury and the number of medical providers. Releasing medical records to your attorney takes way more time than one would think. Medical record processing is not a revenue generator for the medical provider and therefore is often ignored by the physician’s office. Often it takes numerous contacts from the attorney’s office to obtain action on the medical records.
Filing a lawsuit too early can lead to the victim getting jammed on medical testimony when they are still being actively treated. Nevertheless, there are instances where strategically filing a suit early is the right thing to do.