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It can take some time for you to obtain the settlement you deserve for your injuries. Talk to your attorney to learn more about the time you can expect to wait before you arrive at an agreement with the liable party and the factors that may have contributed to the accident, including:
How long you wait to file your claim: Your attorney may advise not filing your personal injury claim immediately. In most personal injury claims, your medical expenses will form the basis of the claim.
Soon after your injuries, you may have little idea what your long-term medical expenses and future prognosis will look like. Victims with traumatic brain injury, spinal cord damage, and severe burns, for example, may face multiple challenges on the road to recovery. Complications, setbacks, or injuries that turn out worse than they first appeared can all increase your medical costs and extend your suffering.
If you file a personal injury claim immediately after your accident, you may not include those expenses. As a result, you cannot receive compensation for them.
How much money you ask for. In many cases, if you suffer severe injuries and, therefore, ask for substantial compensation for those injuries, the insurance company may take longer to arrive at a settlement agreement. That does not mean that you should decrease your request, but it does mean that if you suffer severe injuries and have high medical bills, you should expect it to take longer to get the compensation you deserve in your hands.
How long you negotiate: Each claim proves unique. Sometimes, the insurance company will negotiate relatively little. Its representatives may look at your demand package, assess the extent of your injuries and your medical costs, and issue a settlement offer you feel you can live with.
In other cases, you may have to fight harder for the compensation you deserve.
Each round of negotiation adds to the time it will take to settle your claim. Often, those rounds of negotiation will prove out of your control. While you can accept a settlement offer at any time, you do not want to accept a settlement offer that does not reflect the funds you deserve in compensation for your injuries.
If you cannot reach an agreement with the liable party through negotiation, you may need to proceed to mediation. During mediation, you will sit down with your attorneys, the liable party and his legal representatives, and a mediator. The mediator will allow you to present your claim and issue a recommendation based on the extent of your injuries and the evidence both you and the liable party present.
If you do not arrive at an agreement after mediation, you may need to take your claim to court.