How Long Does a Personal Injury Claim Take?

When you get hurt because of someone else’s actions, you can file a claim for compensation. In theory, the claim should not take long to verify and for the insurance company to pay it. In reality, the process can take much longer, even drawing out over months. Here is what you need to know about personal injury claims.

What Is a Personal Injury Claim?

A personal injury claim is a demand for payment for losses you sustained due to the negligence of another person. It is made to the at-fault party or their insurance company. In your claim, you document the losses you incurred due to the negligence of another person or business. You present your information, including evidence that shows why you believe the other party owes you compensation.

By comparison, a personal injury lawsuit is a legal dispute brought to the court with the goal of a judge or jury deciding on the outcome. A formal document, known as a complaint, is filed with the court and “served” to the at-fault party (or their insurance company).

How Do Personal Injury Claims Work?

In most personal injury claims, a victim seeks compensation for the losses they have caused by the negligence of another. At this point, it means you were in an accident or suffered an injury caused by the other person. You went to the doctor, had a stack of medical bills, and missed time at work. Now, you want the at-fault party to pay for your losses.

For this to happen, you should contact a personal injury law firm to hire an attorney to represent you. Doing this ensures you file a comprehensive claim and meet the requirements to receive fair compensation. Once you turn to an attorney, you can expect the following steps:

One: Your Personal Injury Lawyer Prepares Your Claim

Your attorney will investigate your claim after speaking to you. That includes gathering evidence about what happened and why it occurred. For example, if you are in a motor vehicle accident, your car accident attorney will:

• • Gather the police report as a starting point

• Speak to witnesses
• Assess the damages you have

Then, with this information, determining both who is at fault and what you are owed, the attorney sends a demand letter to the at-fault party. Most of the time, this goes to the at-fault party’s insurance company. The claim outlines all evidence and makes a straightforward demand for what you are owed.

Two: Your Lawyer Negotiates for a Settlement

Insurance companies will push back. Even with ample evidence of your losses, you can expect the insurance company to aggressively try to reduce the compensation paid to you. They may ask questions, require additional medical information, or even deny the accuracy of some components of your claim.

Most of the time, after some negotiations with your attorney, the insurance company settles. That means they pay what the agreement is to you.

If they do not, the process continues.

Three: If No Settlement Agreement is Reached, Your Lawyer Files a Lawsuit

Your attorney does not give up if the insurance company denies your claim. Instead, they take all of the evidence and documentation and file a complaint with the court, alleging that the at-fault party or their insurance company owes you compensation for the losses you suffered.

Once that complaint is filed, the at-fault party is served, meaning they are alerted to the lawsuit filed. At that point, most insurance companies will take the process seriously and proceed with the discovery process. This process is an evidence-finding mission. They want to find evidence to refute your claim. Your attorney will ensure all information is presented. You may have to be questioned by the at-fault party’s insurance company or legal team.

At any given point, the insurance company and your attorney can come back to the table and hash out a settlement agreement. If that doesn’t happen, then it’s onto the next step.

Four: Still No Settlement? Then Your Lawyer Takes Your Case to Trial

When there is still no agreement, the case heads to the court. The court proceeding involves a judge or jury hearing the details of the case so they can make a decision. What the judge states is the final decision. This often includes a demand for the at-fault party to compensate you. The judge will play a role in the value and outlining any details of the claim.

Note that at any time up until the verdict, the other side can offer a settlement. Sometimes, they will do so when they know they are not winning the case. Let your attorney advise you when to agree to a settlement and when to move forward with the legal process.

Common Causes of Delay in Personal Injury Claims and Lawsuits

Why does this process have to be so complex? In short, insurance companies are for-profit organizations. They need to reduce claim payouts to meet profit objectives. Any opportunity they have to reduce the compensation paid, they will take. Consider some of the most common reasons why these delays happen.

• Demands for additional information. Some insurance companies will demand access to information or data they do not legally have a right to see. Some will draw out the process, asking for different things at different times as a stall tactic. And sometimes, the information they have the right to see is not accessible right away, which can also lead to a delay.
• Questions about fault. In some situations, the insurance company may claim that the at-fault party was not at fault. They may contest evidence that substantiates this.
• Court delays. Courts are often backed up, and scheduling issues may delay the speediness of your trial or hearings.
• Pre-trial motions. The insurance company may try to request more time or may appeal initial decisions, which can extend the timeline.

Is There a Time Limit for Personal Injury Claims?

Most insurance companies require policyholders to notify them as soon as possible about an accident or injury, especially a car accident. These terms could be listed within their policy.

There is often a statute of limitations for personal injury claims. Different states have different timelines – generally between one and five years, though exceptions abound. You must file a lawsuit within that timeframe to receive compensation for your losses.

How Can I Help Keep My Personal Injury Claim Moving Forward?

The most important resource you have during a personal injury claim is your attorney. By including your attorney in the process as soon as possible, even before you file an initial claim, you minimize the risk of delays. Your attorney knows the information that must be provided, the documentation that works to prove your losses, and how to navigate the court system.

By meeting with and discussing your case with an attorney, you minimize the risk of delays simply because your attorney knows exactly what to expect.