From Repair to Restitution
Q. How long it will take to receive a settlement in an auto accident injury case?
A: You have decided that you want to hire an attorney to assist with the process since you are injured, but you have no idea what will occur during your case. Unfortunately, the timeline to resolve your case and recover compensation from the at-fault party may not happen as quickly as you may think it will. The process that goes on behind the scenes is nevertheless imperative.
Please note that the following is not legal advice. Further, although many injury cases will follow a trajectory as outlined below, not every case will. Every case is very different due to different types of accidents, different injuries, auto insurance companies, etc. Therefore, please speak to your attorney to get specific advice as it pertains to your unique case.
At the beginning of your case, repairing your vehicle and starting medical treatment are likely to be your two highest priorities. During this time, the insurance companies for the involved drivers will investigate coverage on the involved parties. You may find yourself injured and overwhelmed at putting your life back together, however, don’t fret. We are here to help you.
When you hire our firm, we will start the process by gathering information and evidence specific to your accident. We will take care of obtaining police reports, applying for an obtaining personal injury protection (PIP/Medpay) benefits from your insurer. We will send letters of representation to the involved insurance companies and following up with the insurance regarding their overages and liability positions. We will assist you in arranging your vehicle repairs, obtaining rental vehicles, and obtaining the necessary medical treatment. We will help you assert claims for diminished value to your vehicle. We will keep you informed.
During this time, you may find yourself having to make difficult decisions; for example, deciding whether to use your own insurance to repair your vehicle, or if you will wait for the liability insurance carrier to complete their investigation and pay for your collision losses. Your decision in this process will likely depend on your own personal circumstances, as well as how long the adverse insurance company takes to investigate the auto accident and decide their position on liability. In each such case, we will provide you with specific recommendations, and applicable legal opinions uniquely tailored to your personal circumstances.
While your vehicle damages are being addressed, you will likely find yourself treating for your injuries from the auto accident. The length and manner of your treatment will depend on the treatment plan that is discussed and chosen between you and your physicians. Your treatment plan is unique to you and your personal injuries and circumstances. Once you have determined where and how you will be seeking treatment, your doctor(s) will evaluate your injuries and will provide you guidance for how long your injuries may take to heal.
Depending on the nature of your injury, you may recover quickly, or a recovery could take years. However, the wheels continue to turn during this time. Our firm will be working behind the scenes to obtain your medical records and bills relating to your injuries and we periodically check in with you to see how you are progressing. We will also be taking other necessary steps to preserve your claim(s) and any other necessary evidence that is needed to prove your case in a court of law.
Once your treatment is complete, our office will commence negotiations with the insurers and/or the at-fault parties. Lawyers will sometimes refer to this as the “demand” stage. The demand usually consists of a package of evidence sent to the insurer, outlining your trauma and providing relevant evidence for the carrier to consider as well as legal theories of liability, causation and damages. Insurance companies’ response time to demands will vary. However, in many cases, we will receive a response within about a month. Most large insurance companies employ large teams of attorneys in house. Sometimes, insurers will consult with their own team of attorneys before responding.
Upon completion of their review of your claim, the insurance company will most likely either make a settlement offer or refuse to make a settlement offer. However there are numerous other possibilities that can arise. At this stage, your attorney and the insurance may negotiate. We will keep you informed of every step of the negotiating process. You will make all critical decisions in this process, including whether to accept or reject an offer.
Whether your case will settle outside of the litigation process, effectively depends on numerous factors, including but not limited to; whether an offer is made, whether the offer is fair and reasonable, whether or not it makes sense for you to take your case to court, (considering your own personal circumstances and facts particular to your case.) Again, at this stage, your lawyer will provide you specific counsel to you. That is; our attorneys will provide you specific legal advice to help you make the best possible informed decision for you and for your family.
If you choose to settle at this stage, then your attorney will prepare all necessary paperwork to finally resolve your claim. Conversely, if your case enters litigation, it will take additional time to reach an outcome. The timelines involved in litigation are beyond the scope of this post, however, you can view other posts on our website that discuss the litigation processes and timelines in more detail.
In conclusion, although this process may seem like it takes forever, as you can see-there is a lot that goes on behind the scenes to ensure that we help you receive full compensation for your injuries, pain, and suffering so that you can put this tragic event behind you.
We are here to help you every step of the way.
