What’s the Process for Settling a Personal Injury Case?
Have you been playing phone tag with your insurance company? Are you unsure about the status of your claim?
You’re not the only one who feels this way. Stalling is a strategy for some insurance adjusters.
That’s right: certain insurance firms will purposefully make you wait.
They know you’re starving for cash right now, and they’re hoping you’ll take a lowball offer rather than fighting for what you deserve. It’s business as usual for them to prey on helpless accident victims like these.
You’ll need a Colorado Springs car accident lawyer to get the compensation you deserve. Hiring a lawyer tells the insurance adjusters that you are serious about your case and will not be pushed aside. Call our Colorado Springs accident injury law company at 719-300-1100 for a risk-free case examination, or fill out our contact form to tell us your tale.
Continue reading to find more about how long it takes to resolve a personal injury lawsuit. It might take weeks, months, or even years for a personal injury lawsuit to be resolved.
Every one of our customers is different, and every injury case is different. Each will have its timetable. The specifics and intricacy of your case will influence how long it takes to resolve.
The length of time it takes to resolve a personal injury claim is influenced by various variables. Here are just a few things to think about:
- What kind of accident did you get into?
- Whether or whether there was a crime committed Injuries’ severity
- The amount of time it takes to recuperate
- Wages lost and time away from work
- The amount of the damages
- The number of parties that are at fault
- The comparative fault rules in your state
- Evidence is readily available
- Expert witnesses are available.
- Disputes about liability and mediation
The many kinds of offers you get throughout the negotiating phase
Some of these factors are beyond your control. However, you can do one critical action to ensure your success: contact a personal injury lawyer in your area as soon as possible following an accident.
If you have good documentation of minor injuries and the opposing party does not contest your claims, your case might be resolved in weeks. If the insurance company does not provide you with a reasonable settlement offer, you may need to file a lawsuit and take the matter to court.
A case that gets to trial might take a year or more, but believe us when we say that perseverance pays out.
WHAT IS THE PROCESS OF FILING A PERSONAL INJURY LAWSUIT?
Let’s begin with the fundamentals. Four basic elements must be demonstrated in all personal injury cases:
DUTY OF CARE
A person, company, or other entity owes another person a duty of care. This meant they were expected to act reasonably and sensibly to safeguard others around them.
BREACH OF DUTY
The careless or reckless behavior of the at-fault person breached the duty of care.
The irresponsible activity resulted in someone else’s injury.
As a consequence of the duty of care violation, the wounded victim experienced losses.
When someone is injured in an accident due to someone else’s negligence or recklessness, they may be entitled to obtain compensation for their losses. The injured victim, usually known as the plaintiff, has the “burden of evidence.” This implies that the sufferer (and their lawyer) must offer supporting evidence to show all four components of carelessness.
The majority of these cases are resolved without going to court, but you may need to file a lawsuit to get the full value of your claim. Writing a personal injury demand letter, assembling proof, and dealing with insurance adjusters are all onerous legal tasks that need the assistance of an attorney.
LET’S HAVE A LOOK AT THE STEPS INVOLVED:
#1. INITIAL CONSULTATION AND MEETING
A personal injury lawyer will meet with you over the phone, through virtual video chat, or in person to discuss your case and give you a free case review. You’ll be asked questions regarding the accident, your injuries, and your costs, among other things.
You will be asked to sign a retainer agreement if you both desire to pursue a claim. You will pay us nothing up ahead since we operate on a contingency fee basis. The fee amount that your attorney will deduct from the final settlement will be specified in the retainer agreement, but we will only be paid if you are paid!
#2. SUBMITTING A CLAIM
To inform insurance companies and other relevant parties that we are representing you, your injury lawyer will contact them. To report your accident and legally submit your claim, we will make phone calls and send letters.
#3. MEDICAL CARE AND EVIDENCE GATHERING
Your injury lawyer in Colorado Springs and their staff will gather evidence to support your claim. Photos, police reports, witness testimony, medical records, security video, and much more are all included.
You will also be subjected to any medical procedures that are required. Our main objectives are to protect your health, establish guilt, and demonstrate your losses.
#4. COMPOSING A LETTER OF DEMAND
The attorney will send a payment demand letter to the at-fault party’s insurance carrier after they have copies of your medical records and a fuller grasp of your diagnosis and potential prognosis. The demand letter lays out all your accident-related losses and asks for compensation. The at-fault party will accept, reject, or counteroffer the demand.
How long does it take to settle a demand letter? Most insurance companies will make an offer within 30 days of receiving the demand letter, but there is no assurance that the offer will be reasonable. You and your attorney may talk about the offer and determine if you want to accept it or attempt to get a better deal.
Remember that all suggested medical procedures must be performed before your claim letter is filed for the most accurate estimate and the greatest chance of a favorable settlement. This involves the physical treatment, which might take many months. Ask your doctor how long they estimate you will need treatment and rehabilitation for your injuries to calculate how long it will take to resolve your case.
#5: NEGOTIATIONS & OFFERS
If you get a counteroffer to your requests, your lawyer will begin negotiating a settlement with you, keeping you informed at all times. You will be required to sign a release of all claims after you and the at-fault party’s insurance company have agreed on a settlement sum. This agreement precludes you from pursuing any more compensation, regardless of subsequent issues.
Your Colorado Springs personal injury lawyer will then provide the insurance company with a settlement plan. The settlement package will contain important information and confirmation of your pain, as well as a breakdown of your costs.
#6. INITIATING A LEGAL ACTION
You may bring a lawsuit if a fair settlement cannot be achieved. While most personal injury cases are resolved without the need for a trial, our team is always ready to go to court and fight for you.
A lawsuit starts with a complaint, which names the plaintiff and defendant and sums out the claim. A claim for judgment is also included in the lawsuit, which asks the defendant to pay damages. A copy of the lawsuit must be properly served on the defendant. They will be served with a summons to appear in court. The defendant then has a certain amount of time to react to the complaint with an “answer,” a document in which they accept or deny wrongdoing.
#7. INVESTIGATION & MEDIATION
The discovery stage is the pre-trial phase of litigation, during which both parties research the case’s facts. Your lawyer previously produced the majority of information during the “evidence collecting” process.
An impartial mediator may join your talks before or after a lawsuit is filed to expedite a good settlement. If mediation fails, the matter will be sent to trial.
#8. THE TRIAL
Both parties have the opportunity to present evidence and defend their case in front of a judge and jury during a trial. The victim and their legal team will submit evidence to the court first since the plaintiff has the burden of proof.
The at-fault party will next provide evidence in an attempt to refute your accusations. The jury reaches a decision, which the judge reads aloud. The decision specifies who was to blame for the accident. It also determines the number of damages to which the victim is entitled and awards them this money.
The at-fault party may file an appeal, in which case the judgment will be examined by a higher court and, if any flaws in the legal procedure are discovered, the verdict may be reversed. (In an appeal court, there is no jury; instead, many judges examine the facts from the prior trial.)
#9: DISBURSEMENT OF SETTLEMENT CHECKS
Whether you reached an out-of-court settlement or were awarded damages by a judge, money is on the way! You will get your compensation in the form of a settlement check after your law firm has subtracted their agreed-upon attorney fees, other legal costs, and liens for any outstanding bills.
Don’t be alarmed if all of this seems overwhelming. We’ve helped thousands of Colorado Springs accident victims heal over the last 20 years. We’ll take care of everything so you can concentrate on recovering from your injuries.
HOW LONG DOES COLORADO SPRINGS TAKE AN INSURANCE COMPANY TO SETTLE A CLAIM?
An insurance company usually has 30 days to provide a written offer to settle a claim. This 30-day deadline starts when they receive evidence of the victim’s losses. (This evidence will be sent to the insurance company through a demand package by your Colorado Springs personal injury lawyer.)
WHAT IS THE AVERAGE TIME IT TAKES TO RECEIVE A FAIR SETTLEMENT OFFER?
The answer to this question is contingent on your lawyer’s ability to negotiate.
Beware! The initial offer from an insurance provider is sometimes insultingly low. They’ll attempt to persuade you to accept it by claiming that it’s a one-time deal. You may not know how much money you’re entitled to or how to prevent common blunders, but we must figure it out for you!
Your losses and expenditures are referred to as “damages” in a personal injury claim. Personal injury demand letters to the insurance are used to communicate these losses. Your lawyer will keep track of all of your accident-related expenditures and battle for a reasonable settlement offer that covers all of your losses, but there’s no way of knowing how long it will take. Insurance companies have a reputation for being obstinate and stingy.
WHEN IS IT TIME TO FILE A LAWSUIT?
Not every case ends up in court. In reality, most personal injury lawsuits are settled outside of court.
Nonetheless, you should be prepared for any eventuality. Choose a personal injury legal company with trial expertise in Colorado Springs. Choose an attorney that is not afraid to defend you in court and battle for every dime you are entitled to.
No one likes to go to court, yet it may be essential at times. If the following situations apply to you, you should consider bringing a lawsuit:
The defendant is obstinate and reluctant to compromise.
The defendant is making an unreasonably low settlement offer. Punitive damages may be available to the plaintiff.
COLORADO’S LIMITATION PERIOD
The statute of limitations is a temporal constraint for personal injury claims. The duration of this deadline varies by state, but in Colorado, the personal injury statute of limitations is one year from the date of the accident. (While a year may seem lengthy, bear in mind that your attorney will need time to properly investigate, gather evidence, and establish a compelling case.)
To satisfy the statute of limitations in Colorado accident cases, your lawyer will file a lawsuit if the deadline is near or if it seems that the case will take longer than a year to resolve. This means you don’t miss out on a chance to be compensated. Contact an expert Colorado Springs personal injury lawyer now to learn more about your options.
HOW LONG WILL IT TAKE FOR MY SETTLEMENT CHECK TO ARRIVE?
To formally accept an insurance company’s offer, you must sign an accident settlement agreement. Once this agreement is completed, it may take another six weeks to get the settlement money. Your lawyer will pay off any medical expenses or liens associated with your case, then subtract their legal fees before distributing the remaining settlement funds to you.
WHAT DOES A LAWYER GET AS A PERCENTAGE OF A SETTLEMENT?
Are you curious about how personal injury attorneys are compensated now that you know more about their work?
Here’s the good news: you don’t have to pay anything upfront. Most personal injury attorneys practice on a contingency basis, meaning they are paid a portion of a client’s ultimate compensation.
A typical Colorado lawyer takes a third of the overall settlement sum or 33.3 percent.
SPEAK WITH A COLORADO SPRINGS ACCIDENT INJURY LAWYER TO MAXIMIZE YOUR SETTLEMENT
In Colorado Springs, how long does it take to resolve a personal injury case? Unfortunately, there isn’t a simple solution. We just have one piece of advice for you:
Patience is required. Don’t hurry through the procedure. You must finish all medical treatments and therapies that have been prescribed to you. If you don’t, the insurance company will attempt to convince you that you weren’t injured.
Give them no opportunity to discredit you or decrease the value of your claim. (Plus, the multiplier approach may be utilized to calculate your pain and suffering damages, but if the daily rate method is applied, patience will truly pay off!)
Be truthful.Keep in mind that if you accept a settlement offer, you are giving up your ability to seek extra compensation in the future. You want to make sure you have a clear image of how the accident has impacted your life, and you don’t want to end up with chronic health problems later on.
A thorough investigation takes time, but a personal injury lawyer can help you uncover crucial evidence and maximize your compensation. Get started right now! Call 719-300-1100 or send us an email for a free consultation. Our professionals are here to assist you 24 hours a day, seven days a week.