Accidental injuries can occur in a myriad of ways. They can also lead to a plethora of financial expenses and losses. If you or someone you love was injured by someone else’s negligence, you are entitled to compensation. How long your settlement negotiation takes will depend on the many factors of your accident.
It can also depend on the at-fault party’s action, the insurance company’s actions, and the number of times a settlement is negotiated and renegotiated. Finally, it can depend on you since you, not your attorney, has the final say in accepting or rejecting a settlement offer, entering subsequent negotiations, or taking your case to court for resolution.
Time Plays a Significant Role in Settling Your Personal Injury Case
Resolving your personal injury case is an important part of your recovery. Knowing your lost wages will be replaced and you can get the current and future medical care you need can take a lot of stress out of a distressing situation.
In addition to medical care, you can also recover:
- Current and future income loss
- Property damage or destruction
- Physical pain and suffering
- Mental and emotional anguish
- Wrongful death damages, where applicable
Your lawyer will explain your range of damages and the time it takes to determine the value of each type of damage. They will also explain the importance of taking time to ensure the value assigned to your items is accurate and the negative consequences of a speedy but flawed settlement offer.
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Investigation and Evidence Gathering
Before negotiating a settlement after an accidental injury, you must identify the at-fault party and provide their insurance or legal representative with proof of their financial liability.
Because the evidence your case requires will come from various places, it will take time to obtain it all and put it into an organized file. Medical records and bills can come from multiple professionals and facilities, and you might need or want to obtain more than one estimate for property damage. You may also want multiple replacement values to ensure any damaged property is accurately assessed.
Additional evidence can include:
- Accident and incident reports
- Statements from accident witnesses
- Proof of lost wages and income
- Accident scene and injury photos
Gathering each piece of evidence and relevant documentation will take time. A personal injury lawyer can help you streamline this process and ensure your case and resulting settlement are fair and appropriate.
Statute of Limitations
Each state has a statute of limitations — a predetermined amount of time by which your potential lawsuit must be filed. Your personal injury case is likely to settle without having to go to court. If an agreeable settlement cannot be reached, though, your case might head to court for resolution.
The lawyer representing you will file your lawsuit within the allotted time to ensure the statutory filing deadline does not expire. If that happens, you could be left with no legal recourse that compels the at-fault party to compensate you for the accident’s financial aftermath.
The statute of limitations can fluctuate and can be otherwise confusing. The best way to ensure your case is filed on time is to let a personal injury lawyer handle it for you.
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Rounds of Negotiation
Settlement negotiations after an accident typically involve an offer and a counteroffer. This can go on for several rounds, with the number of rounds determining the settlement timeline. Communicating with the insurance company on your own can be daunting. Your lawyer will guide you through this process and ensure you understand all relevant legal and insurance terminology and jargon.
The decision to accept a settlement offer is final, and you will not be able to ask for additional compensation (even for valid expenses) after your case is resolved. Your lawyer will take time to carefully weigh each offer, ensure you understand their merits, and have the information you need to make an informed decision.
Insurance Laws and Regulations
Insurance laws can be complex, with each state mandating how and when insurance companies must:
- Respond to your claim
- Investigate your claim
- Disperse compensation
- Correspond regarding denials
The law firm representing you will explain the appropriate timelines and how they affect your case. They will also protect you from lowball offers, speedy settlements, and bad faith insurance practices. Your lawyer will fight for the best possible outcome of your case.
Get Your Case Review Today
At Bader Scott Injury Lawyers, we work hard to recover monetary damages for injured clients. If you were injured by someone else’s negligence, we are here to help you get the compensation you need and deserve. We will also explain how long the settlement negotiation process can take. Do not hesitate to contact our personal injury team to get your free case review today.