Lawyers and paralegals working hard. If a case is going to be settled fast without a lawsuit for top value, a car accident lawyer will need to obtain all of the medical records and bills for the client.
Medical records are essential. Settlement before a lawsuit in an accident claim is going to be based almost exclusively on the victim's medical records. How these records reflect the injuries is — at this stage of the game — the most important variable the insurance companies use to determine value. Are the records enough? It depends. In most cases, the doctor's critical opinions are contained in the four corners of the medical records.
In others, we need the doctors, as we discussed above, to offer opinions on future medical care or to clarify ambiguity in the medical records.
After a settlement demand is sent with the relevant medical bills and records and other information necessary to resolve the claim, it takes the insurance company time to evaluate the claim.
Most injury claims should not take more than three weeks. But it often does. Your accident lawyer needs to be following up with the insurance company to keep your case at the front of the line. What if your case settles? You do not have an insurance settlement check yet. Your accident lawyer needs to push the ball forward as quickly as possible to get your money to you as soon as possible. Some insurance companies drag their feet after a car accident settlement has been effectuated.
The best lawyers stay on top of the insurance company to expedite you getting your settlement check as soon as possible. Our firm knows our clients want to get their money quickly.
So we push them to get out the insurance check immediately. Some victims often ask us how long the insurance company has to respond after a bodily injury demand letter in a car wreck case. In most states, there is no rule requiring the insurance company to respond at all. There are not many duties owed by an insurance company to you if you are not their insured.
Their primary goal is to pay you as little as possible. There is no obligation for them to be fair with you. Before we leave this topic, there is one more thing you should know.
If you have gotten this far in this article, you want to settle your case quickly. But in the average serious injury case, you need to file a lawsuit to maximize the value of your case.
You do not have to file a lawsuit. Sometimes lawyers do not understand the client's need to get their money quickly. But, if you do settle early, you may be leaving money on the table. When our attorneys file a lawsuit, it often results in a later offer that is many times more than the pre-suit settlement offer. The answer is yes, but that doesn't mean it's a good strategy. You can settle a personal injury claim quickly, but that usually means taking less money.
The important consideration is how much you'll be giving up. Let's look at why settlement might be taking longer than usual, and why you should probably think twice before taking a quick settlement. There are three main reasons why the timeline of a personal injury claim can drag out:. In these situations, your case is simply going to take some time to settle, unless you are prepared to take pennies on the dollar in order to resolve it.
Let's take a closer look. What kind of problems are we talking about? The value of a personal injury case is usually driven by two main factors: liability who was at fault and damages how badly was the plaintiff injured.
If liability is hard to prove for example, the parties and multiple witnesses all say different things , then the insurance adjuster is not likely to make a reasonable settlement offer until the plaintiff's lawyer has demonstrated a willingness to fight—by filing a personal injury lawsuit and hiring liability experts to show exactly how the defendant was at fault. If there are legal issues in the case i. Alternatively, there may be problems with damages.
For example, the treating physicians may be unsure that the defendant's negligence caused the plaintiff's injury. The insurer is not going to make a reasonable settlement offer until it is satisfied that your lawyer can produce a doctor to testify that the defendant's action or inaction caused your injuries. Another factor that can delay settlement is if the case involves significant damages a lot of money.
Insurers simply will not pay big money on a settlement until they have done their due diligence. That means investigating every aspect of the case until they are convinced that:. Further, sometimes insurers will delay settlement on a big case simply to see if the plaintiff will give up and accept less money.
The attorney should explain the reason for the delay and can help resolve any issues. The personal injury lawyer can also work to expedite the payment due. A partial settlement payment may be an option as the attorney negotiates existing liens. In such instances, the lawyer will retain a portion of the settlement proceeds during the course of negotiations.
Personal injury lawsuits are complicated processes. Without an experienced personal injury attorney to provide legal representation, a plaintiff is potentially subject to frustrating delays in receiving compensation, the forfeiture of critical rights and an undervaluation of the personal injury case.
When you are the victim of a personal injury, such as a slip and fall accident, nursing home abuse or birth injury, you deserve expert legal representation to ensure you receive fair compensation.
The personal injury attorneys at Berry K. Our personal injury lawyers are knowledgeable in all facets of Illinois law. The family law attorneys at Berry K. Our divorce attorneys provide sound legal counsel and guidance in matters involving property division and prenuptial and postnuptial agreements.
The highly competent attorneys at Berry K. Our firm serves residents in Oak Lawn, Illinois. Call our office at for a consultation. Posted on: April 19, by Berry. What are different types of personal injury cases? What are the various types of settlements?
What additional factors influence the timing of payments? Work with a Personal Injury Attorney The personal injury lawyer can also work to expedite the payment due. Call for a Consultation The highly competent attorneys at Berry K.
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