hurt in a auto accident how long does it take for my attorney

Most injury claims should not take more than three weeks. But it often does. Your accident lawyer needs to be following up with the insurance company to keep your case at the front of the line.

Full Answer

How long does it take to settle a car accident case?

Dec 20, 2021 · A car accident case involving a lawsuit will typically take a bit longer to reach a settlement – potentially between three and six months depending on the complexity of the claim and severity of your injuries. If a settlement cannot be reached, your attorney may have to take your case to trial.

How long after a car accident can you get compensation for pain?

In cases where attorneys receive the settlement funds from the insurance company quickly and don’t have to pay out much to other agencies or individuals, it can take as little as 1-2 weeks for an injured person to receive their portion of the funds. But, sometimes there are situations where it can take months to distribute the funds to the injured person (s).

Can a car accident case go to trial for pain and suffering?

The Demand Package: Waiting for a Response After a settlement demand is sent with the relevant medical bills and records and other information necessary to resolve the claim, it takes the insurance company time to evaluate the claim. Most injury claims should not take more than three weeks. But it often does.

Can pain after a car accident be delayed?

How long does it take to reach a settlement?

The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.

How long does it take to negotiate a settlement?

Negotiations can take weeks to several months to years and usually come to an end when both parties are agreeable to a number that has been offered. In the process of negotiating to settle, parties will typically refuse offers and make counteroffers in different amounts.Feb 25, 2021

What is a reasonable settlement offer?

A successful outcome also includes “an offer of settlement which we recommend as acceptable and which, in our reasonable opinions, represents an appropriate conclusion or resolution of the matter”…the reason for this comes down to the repercussions which occur when a reasonable offer of settlement is rejected.

What are the three phases of negotiation?

The negotiation process can be organized into three phases: planning, negotia- tion, and postnegotiation.

What Costs Might Your Settlement Cover?

The general principle is that when you’re involved in a serious car accident for which you’re determined not to be at fault, you’re entitled to compensation for any expenses incurred as a result of the event. Such costs might include:

Analyze the Offer

Weeks and months may well pass while all this negotiating and information-gathering is going on, and while the situation becomes more clear:

Getting Your Settlement

As the next-to-last step of the process, the settlement check is deposited into your lawyer’s trust account.

What does a personal injury lawyer need to know?

As a personal injury lawyer, the injured person or his/her lawyer needs to know the average settlement value of pain and suffering for different types of injuries. This will allow you to know when to settle without lawsuit, and when to sue.

What happened to John in the accident?

A couple months after the accident, John complained to an orthopedic doctor about knee pain. Ultimately, the doctor took an MRI of his knee. John had a meniscus tear. Shortly thereafter, the doctor operated on his knee.

What is the role of a claimant's witnesses in a lawsuit?

The claimant’s witnesses may be a big factor in how much compensation is awarded for pain and suffering. Sometimes the insurance company will speak to witnesses before a lawsuit. The adjuster will decide whether he thinks the witness is honest and credible.

What was the entire settlement for John's pain and suffering?

It took countless requests to get his health insurance plan to agree to waive their lien. Since the health insurer waived its lien, the entire settlement was for John’s pain and suffering. As you can see, this is another example where the entire settlement was for pain and suffering.

How much is pain and suffering damages split?

A common split of pain and suffering damages is one-third for the lawyer, one-third for the medical providers, and one-third for the victim. Your chances of getting over 50% of the settlement in your pocket are highest if you have health insurance.

Why do insurance companies pay more for facial scars?

This is because scars on the face are more noticeable than scars on other parts of the body. In one case, a passenger broke his arm in a car accident. A doctor performed surgery to his arm.

Can you get compensation for pain and suffering?

Pain and suffering is just one type damages for which you can get compensation. If someone else was negligent, you may also be able to get a payout for your medical bills, lost wages and more. I even created a pain and suffering calculator. But do not calculate your case value with it.

Why Choose Us?

At the Overett Group, we have more than a decade of experience assisting our car accident clients in their insurance claims. Our Long Beach personal injury lawyer can advise you with dealing with the insurance companies involved in your accident, including which type of claim to file and what information to provide.

The Type of Claim Affects Resolution Time

Insurance claims can take anywhere from a couple of days to years to resolve, depending on the type of claim filed.

How Long Does it Take for Insurance to Pay Out for Car Accident Claims?

If there is no conflict regarding who is at fault in a car accident, claim resolution can happen relatively swiftly. Most insurance companies attempt to resolve claims within 30 days. However, claims where liability is disputed (both first-party and third-party) can take significantly longer to reach a settlement.

The Overett Group is Prepared to Take Swift Action

Insurance companies have a financial incentive to deny or underpay their claims and will often pressure claimants to quickly settle. The Overett Group wants you to know you do not have to accept inadequate reimbursement from any insurance company.

What expenses do car accident attorneys have?

Common expenses that car accident attorneys have when representing their clients include: investigator, deposition, jury, medical records and expert fees; and police reports. Once all of those expenses have been paid, the attorney will draw up a final accounting of all of the transactions.

How long does it take to get money from an insurance company?

When Do I Get My Money? In cases where attorneys receive the settlement funds from the insurance company quickly and don’t have to pay out much to other agencies or individuals, it can take as little as 1-2 weeks for an injured person to receive their portion of the funds. But, sometimes there are situations where it can take months ...

What is a medical bill subrogation lien?

Medical Bills and Subrogation Liens. Medical insurance companies can insist they be repaid for medical services they provided to a person injured in a car accident. Some of the more common subrogation liens exist for health insurance companies, Medpay, Medicare and Medicaid. They are known as collateral services and are subject to subrogation ...

How long does it take to get a subrogation lien settlement?

There will be times when it will take more than two months for an injured person to receive their portion of the settlement. That’s why it is so important to hire a personal injury attorney who is experienced in car accident cases and settling subrogation liens.

What is contingency fee?

Often called “ contingency fee ” attorney’s fees are charged by an attorney for representing their client in personal injury cases. The fee is a percentage (generally 33%) of the settlement amount after expenses are taken out.

What is a letter of protection?

The Letter of Protection is a contract formed between a medical provider and an attorney. The contract places a lien on the injured party’s financial settlement, from which the medical provider is paid by the attorney.

What is collateral service?

They are known as collateral services and are subject to subrogation claims , which means that any benefits paid by them due to a lawsuit must be repaid when a settlement is made. Unfortunately, obtaining lien information from Medicare is a very slow process.

How long does it take for an insurance company to respond to a claim?

Most injury claims should not take more than three weeks. But it often does.

What happens when an attorney files a lawsuit?

When our attorneys file a lawsuit, it often results in a later offer that is many times more than the pre-suit settlement offer. The muscle of a lawsuit puts fear into insurance companies. This muscle often gets them to pay far more settlement money than they would have considered before suit was filed.

What does "treatment finished" mean?

Treatment Is Finished or at Maximum Medical Improvement. First, the client has to either (1) fully recover and need no further treatment, or (2) reach maximum medical improvement. This means that while the client may need additional treatment, this is as good of a recovery as the client is likely to get.

Can an accident lawyer do medical records?

So it may be there is nothing your accident lawyer can do because the attorneys is waiting on medical records or waiting for the insurance company to respond. But there is no question that the delay is often the result of a plaintiff's lawyer who is not staying on top of the case.

Do car accident lawyers collect medical bills?

If a case is going to be settled fast without a lawsuit for top value, a car accident lawyer will need to obtain all of the medical records and bills for the client. At our law firm and many personal injury firms, it is the lawyer’s job to collect the medical bills and records. Medical records are essential.

Do insurance companies have to respond to a bodily injury letter?

In most states, there is no rule requiring the insurance company to respond at all.

Can an accident lawyer ask a doctor to give an estimate of the cost of surgery?

Alternatively, if future surgery or other medical procedures have not yet been performed, an accident lawyer can ask a doctor to give an estimate of what the costs of the future surgery/procedure will cost. This is often the biggest reason there is a delay in settling a serious injury claim.