The personal injury claim process is anything but speedy. The accident took but seconds to happen but the aftermath can take months if not years to complete. Is there any way to speed up the process? Will an attorney be your key to making things move faster towards getting a settlement?
We have asked attorney Alaina Sullivan, about what you should do. Here is what she had to say:
Are You Ready?
An attorney is not going to be able to do anything if your case is simply not ready for settlement. For instance, you may be still in the “healing” phase of your injuries. No attorney is going to recommend you rush a settlement if it has not been determined what the extent of your injuries are.
First, you will want a dollar amount from all of your medical appointments in terms of how much it has cost for your recovery. Second, you will want to make sure that your injuries are actually healed and will not resurface, necessitating further treatment.
Keep in mind that states all have statutes of limitation which set a time limit for making a personal injury claim. Most are two years, but that does allow for some time for you to fully realize your injuries, allowing them to heal. Once you get your official release from medical treatment, then you can approach settlement.
≈The Negotiation Process
An attorney can certainly help speed things along when it comes to the negotiation process with the insurance company. Negotiation is a lot of going back and forth between parties, and unless you are someone completely comfortable with pushing the other side to bend, an attorney may be the best bet for you.
With an attorney on your side, it is less likely that the other side will try to low ball you or play the “dance” of offering too low knowing that you will fight for more. A personal injury attorney is well aware of what your claim should be worth and will be able to support this with evidence.
If the attorney sees that negotiations will not be fruitful, he or she will be able to quickly identify this and move on towards litigation.
Litigation Process
Taking the case to trial is where the attorney will be able to push things along for you. They know how to obtain the information and evidence needed with discovery, depositions, and more, and they will also know how the best way will be to present your case.
You may not need days of testimony if you can present the best evidence possible. Without the attorney’s help, you may think that you need more than you really do when it comes to witnesses and testimony. Further, your attorney will also be able to guide you through the entire litigation process a lot quicker than you could on your own.
How To Speed Up the PI Process
As an injured victim of a personal injury incident, addressing the several legal issues that arise after the incident can trigger a considerable amount of stress. You need financial assistance to pay off rapidly mounting medical bills, as well as the costs associated with property damage repairs.
Filing an insurance claim can help you recover your financial losses, but the personal injury process can take months, if not more than a year to complete. How do you speed up the process to receive the compensation that you deserve?
The first step to knowing how to speed up the process of filing a personal injury insurance claim involves hiring an attorney who specializes in handling PI cases. A personal injury lawyer can closely monitors the progress of your claim to ensure it receives a review by an insurance adjuster in a timely manner.
Hiring a personal injury attorney may help you meet the filing deadline for the documents required to initiate a civil lawsuit that seeks monetary damages. A lawyer may help you avoid filing mistakes that delay claim reviews, such as not completing the application with accurate information. Just one mistake in the contact information section derails your claim for financial assistance.
Another reason why personal injury claims slow down during the review process concerns a lack of physical evidence. The insurance company that reviews your personal injury claim wants to review evidence such as the formal incident report, photographs of the accident scene, and video footage captured by a traffic or security camera. Witness statements also help you speed up the process of filing a personal injury insurance claim.
Questions To Ask an Attorney About Personal Injury Settlement
Can you handle my case?
It is important to know if your chosen attorney has experience handling cases like yours. It is experience that counts when winning a successful settlement in a personal injury claim.
What is your assessment of my case?
Your chosen attorney should be able to assess your case and determine what your chances are of winning a favorable settlement. There is no point in hiring an attorney if there is only a low chance of a favorable settlement being reached.
What is your contingency fee?
Many personal injury attorneys work on a contingency fee basis which is only paid out of your settlement if the attorney wins you compensation. It is important for you to know the cost of the contingency fee so that you can determine the final settlement you expect to receive.
How long will this take?
Even though a lawsuit for a personal injury claim may take several years to complete, as soon as a settlement has been reached it may still take up to six weeks to receive the final payment..
What evidence or information do you need from me during my case?
This is an important question if you wish to arrive at a favorable settlement. You will need to provide a description of your accident and evidence such as photos of the accident sight, eye witness reports, details of your diagnosis and treatment provided by your physician.
What are the types of compensation I could receive?
You may receive the following in compensation:
- medical expenses covering all past and future medical treatment;
- lost wages while you are unable to work;
- property lost in the accident;
- monetary compensation for pain and suffering caused by the accident and injury;
- punitive damages if you can prove the person who caused your accident did it deliberately or his or her negligence caused it to take place.
Contact an Attorney Today
If you have been involved in a car accident and are concerned with the length of the settlement process, you should contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
