The guiding principle of a personal injury claim is that you shouldn’t have to pay for any damages caused by someone else’s negligence.
That holds true in a car accident or slipping on a wet floor in a store. The challenge then becomes getting the at-fault party’s insurance carrier to step up and provide fair compensation. Far too often, that is easier said than done.
How long should a personal injury case take to settle? There is no hard, fast rule that sets a definitive settlement time. However, there is a process to follow to ensure that the case is being administered as it should. It is vital to get the right legal counsel. Even though insurance companies make it easy to file a claim online, you could find the process dragging on without a skilled personal injury attorney as your advocate.
To understand the timeline, consider the following steps involved in the settlement process:
Investigation
When you retain the services of a skilled personal injury attorney (as you should), they will deploy all the investigative tools in their arsenal to gather evidence to support your version of the accident.
That evidence can include police reports, surveillance videos, and witness statements.
Those can take time to collect, but it is important to get all the relevant documentation and information that will leave no doubt about who should be responsible for the accident.
Loss Assessment
Before you can ask for a settlement, you must understand what you’re asking for.
In some situations, the medical treatment costs might be easy to assess. Your injury might require treatment and physical therapy before you’re considered healed. That will be a finite amount of time. Other injuries might require more extensive treatment.
You must fully understand how much you’ll need to cover all your current and future medical expenses. The same can be said for any lost wages. If the injury keeps you out of work for an extended period or prevents you from returning to work, you have to factor in those amounts, too.
Once you have your evidence and know the damages you’re asking for, you and your attorney can file your claim against the at-fault party’s insurance carrier.
Claim Filing
There are often stories that make the news about multimillion-dollar settlements from wrongful death or product liability lawsuits.
While those stories make good headlines, they often only come after many months, if not years, of challenges. It is essential to understand that a claim is different from a lawsuit. Before filing a lawsuit, you must allow the insurance company to pay the claim.
According to West Virginia law, an insurance company has 40 days to “pay or deny” a claim if that claim is submitted manually and 30 days if it is submitted electronically.
That might seem like a short time, but the “pay or deny” part is the key to consider. If the insurance company acknowledges the claim within the first 30 days but requests more information or evidence, it could delay the process. That month and a half could stretch to several months before you get the final answer.
Demand and Negotiation
Part of the claim filing process can involve a demand letter. That will come directly from your attorney. That letter will spell out what happened in the accident and the damages you seek. The demand letter can go along with the claim. It will also open negotiations with the insurance company.
If the evidence is compelling, and there is no issue with who is at fault, the insurance company might come back with an offer lower than what you were expecting.
The negotiations will then begin between your attorney and the insurance company to determine a final number you agree to.
Settlement Agreement
Your lawyer will draft a settlement agreement when both sides agree to a final number. That will lock in the number amount and close the claim. That means you won’t be able to file another claim for the same injury later.
That’s why it is so important to get that settlement number right. After the settlement is signed, it might only take a few days for the insurance carrier to cut a check.
Funds Disbursement
The settlement money will be transferred to your attorney. The medical bills will be paid first. After that, your attorney will deduct the fees you agreed to at the beginning of this process.
The remaining balance will be sent to you. As for that final amount, it should not be a surprise.
Before accepting the settlement, you’ll clearly understand exactly what to expect after all the deductions.
The Lawsuit Hurdle
The above process happens when things go smoothly. Unfortunately, you might encounter obstacles. For instance, the insurance company might side with their policyholder and blame you for the accident.
They could also refuse to negotiate for a fair amount or deny your claim outright. In that case, your only option might be to file a lawsuit.
If you file a lawsuit, you must wait for the court to respond and schedule your trial. That could happen several months after the initial filing. The trial might only take a few days, but the insurance company has the right to appeal, and they will if the jury awards you a large amount.
That can cause further delays. If you have a skilled attorney on your side, the settlement process can move along quickly. Forbes Law Offices is dedicated to finding a fast and fair resolution for all our clients. To explore the options, you can call for a free consultation.
The sooner you start the process, the sooner you can get to that settlement.
