The timeline of resolving a personal injury claim can vary greatly depending on the unique facts and circumstances of the case. While some bodily injury claims may settle in as little as six months, others may take a year or more – especially if the injuries are severe or liability is disputed. Factors that may influence the duration of a personal injury case include the extent of accident-related injuries, length of treatment, amount of available insurance coverage, and how cooperative the insurance company is during negotiations.

Once an injured party has been released from treatment and their attorney has submitted a formal demand for compensation, the lawyer will have a clearer picture of how long the case may take to reach resolution. On average, car accident cases may settle within a year, while slip and fall or premises liability claims often take longer. Regardless of the timeline, an injury attorney’s goal is to secure maximum compensation on behalf of their client.

After a motor vehicle collision, one of the first concerns most people have is how to handle the damage to their car. Property damage claims – such as vehicle repairs, towing, and rental car arrangements – are typically managed directly by the claimant and the insurance company. However, a skilled car accident lawyer and their legal team can help make the process smoother and offer guidance every step of the way.

If a vehicle has been towed to a storage yard, it is important for the vehicle owner to act quickly to avoid accumulating daily storage fees. Moving the vehicle to a residence or another secure location may help mitigate additional damages. For those with collision coverage under their auto insurance policy, they have the option of paying their deductible and having repairs handled through their own insurance company.

Once repairs are completed, the insurer will pay the body shop and then seek reimbursement–including the deductible–through a process called subrogation against the at-fault party’s insurance carrier. If the claimant does not have collision coverage or prefers not to go through their own insurer, they must wait until the third-party insurance company completes its liability investigation for the incident.

Insurance companies are allowed up to 30 days from the date of the accident to investigate and determine fault. Once liability is established, the third-party insurance carrier will contact the claimant to resolve the property damage. Throughout the property damage process, our legal team at Southwest Injury Law can assist clients with questions, advocate on their behalf, and help ensure their rights are protected.

Typically, the auto insurance companies base their offer on the current market value of your vehicle. Often time, they will research to see the last 4 vehicles sold in your county that are the same/similar in make/model/mileage and then take the average of them. If the amount they are offering, minus tow yard expenses, is within the Kelly Blue Book value of your vehicle, then the offer is typically fair. Should you have any questions regarding the value of your vehicle, we will be more than happy to look at their offer amount and provide our opinion.

If you are not at fault for the crash, then your insurance rates should not go up, regardless if an uninsured motorist claim is made or not.

If you have visited a hospital, emergency room, or urgent care and have health insurance, it is very important that you monitor those bills and make sure that your health insurance is making payments. For all other treatment, it will depend on the available coverage for this claim. Should the coverage allow, we will consent for you to treat under an attorney lien. The medical bills contingent with the attorney lien will then get paid at the resolution of your claim and will be taken from the total settlement amount. Bear in mind at the end of the case if your health insurance carrier paid any of the medical bills related to the crash/incident, the health insurance carrier may make a claim to be paid back with the settlement funds (subrogation claim).

In some cases, it may be more beneficial for you to use your health insurance. If you use your health insurance, you will only be responsible for your co-pays and at most, a subrogation lien from your health insurance carrier, which will be paid at the resolution of your claim and amount to much less (only the contractual amounts paid by your insurance vs. complete billed amounts) then an amount due on an attorney lien. Whenever possible, you should use your health insurance for the ambulance and all emergency room-related bills.

Please notify us of any communication you’ve had with the other party and if you’ve given a recorded statement or simply a normal conversation after the crash/incident. If they attempt to make further contact with you, let them know you are now represented by an attorney and that any and all communication should go through our office. They should no longer be contacting you with regards to this accident. Please let us know if they attempt to contact you after you have retained Southwest Injury Law.

In some cases, the insurance carrier may place a percentage of fault on to you. If there is a substantial percentage of fault on the other party, we will be able to pursue your claim. Police reports are extremely helpful with instances like these, in that they will help outline what happened in the accident and who is at fault.

Typically, you will not have to go to court. Should we have to file suit in your claim, you may be required to submit to a deposition (which we will represent you at), report to an Independent Medical Evaluation, and attend an arbitration/mediation hearing/trial. Remember that 95% of cases do not make it to trial! Most settle before trial occurs!

We can recover for your pain and suffering, related medical expenses, out of pocket expenses, wage loss, loss of use, and your future medical costs. The amount that can be recovered will be contingent on the available coverage of the insurance policies. A medical provider has to give an opinion that your medical care is related to the crash/incident to be admissible at trial. This includes future medical costs.

We highly advise that you do not miss/skip any doctor appointments. It is extremely important that you remain consistent with your treatment, follow all doctor recommendations, and avoid any gaps. Inconsistency and gaps in treatment can pose several issues with the insurance carriers when we are trying to resolve your claim. If you miss an appointment with a medical provider, it is best to reschedule another appointment ASAP.

Many of our clients have previous medical injuries before the crash. It is ok. This is common. It is important you notify all your medical providers and your attorneys of any and all prior existing injuries and the names of prior medical providers. Some prior injuries can be exacerbated/aggravated by the crash/incident and proper medical documentation indicative of this will benefit your claim.