When you are involved in an accident directly caused by another party’s reckless behavior, you are entitled to file a claim and receive compensation for your damages. You may know the basics of how a personal injury claim works: you speak with a lawyer, they collect some evidence, you file a claim, and then you receive adequate compensation for your injuries and medical bills.
The truth is that every claim is different, depending on various factors. There are state laws to consider, and you must determine liability, collect adequate evidence, and more. At the end of the day, every timeline looks different. With a knowledgeable attorney, you are giving yourself the best chance at a smooth proceeding and a settlement worthy of your accident.
What Does the Average Timeline for a Personal Injury Claim Look Like?
For an idea of how long the average timeline for a personal injury claim takes, we have broken down the most common proceedings into phases:
Finding an Attorney
Don’t try to navigate this process alone. With an attorney on your side, you are giving yourself access to someone with the knowledge and skill set necessary to bring your case to justice.
Collecting and Assessing Evidence
Once you have partnered with a trusted attorney, they will immediately begin investigating the circumstances surrounding your accident. This involves collecting and assessing relevant information, such as security camera footage, eyewitness testimony, and medical records.
Filing a Claim
With the proper evidence documented, your attorney will help you file a claim against the insurance company. The state’s statute of limitations must be adhered to, or you risk having your claim dismissed.
Your Medical Treatment Plan
Without exception, the number one determinant of how long it will take for your case to settle is the length of your treatment plan. Our firm will work with your medical providers to make sure that you are getting the proper care and treatment and that those providers are developing treatment plans that are relevant, effective, and related to your injuries. However, we will never rush this process. Your care and treatment is between you and your medical providers. You, along with those medical providers, need to take your time, listen to your body, and ensure that you have every opportunity to fully heal from the injuries you are experiencing. Once your medical providers have you back to pre-accident status, we can move forward with your case.
Discovery Process
Once filed, the insurance company and your attorney will go through what is known as the discovery process, which is the investigation of facts and circumstances surrounding the claim.
Negotiation
A negotiation for the settlement will be made. The insurance company will base its offer on the provided documentation. Your attorney will fight to ensure you are receiving adequate compensation for your damages.
Settlement
Once the negotiation has been concluded and a settlement amount has been agreed upon, you can begin to collect your compensation.
If the insurance company fails to offer an adequate settlement, you have the option of filing a lawsuit. This can add more than a year to the overall timeline but will increase the likelihood of getting the results you are looking for.
Potential Roadblocks to Resolving a Claim
Many potential roadblocks can arise when navigating the average personal injury claim process. This includes:
- Inadequate medical records
- Lack of evidence to establish liability
- Prolonged injuries
- Denied claims
- Low settlement offers
To best prepare yourself for any potential roadblocks or delays in getting the justice and compensation you deserve, it is best to equip yourself with an attorney with extensive experience in personal injury law. Feller & Wendt has recovered hundreds of thousands of dollars in compensation for our clients over the years and has access to resources to help overcome any obstacles.
Consult With a Dedicated Personal Injury Attorney Today
Get the process started as soon as possible with Feller & Wendt today. We will begin the process with a free case evaluation, where your options can be reviewed and discussed. From that point forward, you will have access to a highly dedicated and experienced attorney who will help answer any questions or address any concerns you may have throughout the process. We understand how confusing and overwhelming this situation can be and are here to help alleviate some of the stress for you.
Speak to an actual attorney today by calling our office at 801.499.5060 or by scheduling an appointment through our contact form.
