How Long To Settle Personal Injury Case – If you have been injured due to the negligent actions of another, you may be able to file a personal injury lawsuit to recover compensation for your injuries. When you’re facing expensive medical bills and lost wages due to missing work while you heal, a personal injury settlement can be a crucial way to stay financially afloat during this difficult time in your life.
The personal injury process can be long and complex. By understanding the steps involved, the process can seem much less stressful and overwhelming. Below is an explanation of the potential steps involved in a personal injury claim. Depending on the details of your case, it is possible that not all of these steps will apply. During your free consultation at our Oklahoma City office, one of our attorneys will discuss this process with you in more detail and answer any questions you may have.
How Long To Settle Personal Injury Case
To have a valid personal injury claim, you must suffer an accident or injury caused by the negligence of another. Your injury could potentially be caused by a number of events, including:
Policy Limits Settlement In Personal Injury Cases
This list is by no means exhaustive. Regardless of the cause of your accident, it is imperative that the negligent act of a third party was primarily responsible for the injuries you suffered. In addition, you must suffer an injury that results in some form of financial loss.
For example, if you have a slip and fall accident on a wet floor in a grocery store and only get a bruise that heals on its own within a few days, you are unlikely to be able to get compensation. However, if this slip and fall accident resulted in broken bones that required medical treatment, you are much more likely to be compensated in a personal injury claim.
After the accident, you should seek medical attention as soon as possible, even if you do not appear to be seriously injured. In some cases, such as with a brain injury, it can take days or weeks for symptoms to develop. By seeking prompt treatment, you will ensure that all injuries are detected immediately. Often, timely medical treatment can prevent further complications from developing and increase the likelihood of a full recovery.
An added benefit of seeking prompt medical attention is that it will help document that your injuries were actually caused by the accident. If the symptoms take time to develop, insurance companies will often try to claim that your injury was caused by another event. Therefore, having documentation from healthcare professionals can significantly strengthen your case.
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Insurance companies will often try to convince you to accept a settlement right away. This is never in your best interest. The insurance company is not on your side. Their goal is to minimize the amount they have to pay on your claim.
That’s why it’s critical to speak with an experienced personal injury attorney who can help you ensure your rights are protected every step of the way. In fact, a study conducted by the Norwegian Insurance Council found that personal injury victims who work with a lawyer receive a 3.5 times larger settlement for profits than those who negotiate with the insurance company on their own.
During your free consultation, our attorneys will listen carefully to your story to gain a clear understanding of the events that occurred. We will then inform you of your legal options and begin building a case on your behalf.
This process involves gathering as much evidence as possible regarding your accident and injury. We will review your records from the injury to gain a better understanding of the current medical issues you are dealing with. Our lawyers will also collect evidence regarding the specific events related to your injury. This may involve:
The Timeline Of A Personal Injury Settlement
Many personal injury cases never go to trial. Often a fair settlement can be negotiated with the insurance company. This is the ideal outcome as it will reduce the time associated with your claim and ensure you receive this important compensation as quickly as possible.
However, it is important to understand that our attorneys will never settle your case if we feel it is not in your best interest. If the insurance company does not offer a settlement that reflects the true value of your loss, we will be prepared to fight for your rights in court.
In the event that our lawyers cannot reach a fair settlement with the insurance company, we will file a lawsuit. In Oklahoma, you have two years from the date of injury to file a personal injury lawsuit.
When the lawsuit starts, each side’s lawyers will investigate the allegations made by the other side. The lawyers will send questions and document requests to each other. In addition, they will take statements (testimony given under oath) from all witnesses and experts involved in the case. This is called the discovery process.
What Is A Fair Personal Injury Settlement?
Once the discovery process is complete and all information is shared, the attorneys will begin negotiating a settlement. It can often be easier to reach a fair settlement at this stage of the process since both parties are aware of the total evidence that will be presented if the case goes to trial.
Sometimes this negotiation process will only involve the lawyers. In other cases, these negotiations are handled as part of a mediation process. In mediation, a neutral third party, called a mediator, will meet with both sides in an attempt to help them reach a fair agreement.
If a settlement cannot be reached during negotiations or mediation, your case will proceed to trial. The length of a personal injury lawsuit varies from case to case. In some cases it may take a day or two. Other times it may take a week or possibly even longer.
At trial, all information gathered during the discovery process will be presented to the judge or jury (if your case includes a jury). After all the evidence has been presented, the lawyers will present their closing arguments and the case will be decided by the judge or jury.
How Personal Injury Settlements Are Divided
It is important to understand that there are never any guarantees of the outcome when your case goes to trial. In addition, there are no guarantees regarding the compensation that will be provided in the event that the lawsuit is decided in your favor. For this reason, it is often preferable to try to reach a settlement earlier in the process when possible to avoid this uncertainty.
Contact Johnson & Biscone using the form on this page or call 405-232-6490 today to schedule a free personal injury consultation. We serve customers in Oklahoma City, Edmond, Norman and throughout Oklahoma. When you are injured in an accident due to the actions of another person, you enter the world of insurance claims. In fact, you are thrown into a huge jungle of procedures, laws, regulations and processes that are usually very confusing and overwhelming. If you have never navigated the maze of the claims settlement process, your best bet would be to enlist the help of an experienced guide – a good claims attorney. In the world of personal injury, you start your journey by finding and hiring a good personal injury lawyer. Fortunately, when you enlist the help of a good personal injury attorney, they can guide you on a course that follows a logical and predictable path to recovery and resolution. A good personal injury attorney should give you a basic understanding of the terrain—the laws that govern your type of injury claim—as well as the best path to take—the recommendations for each step of the process. Ultimately, some claims are resolved through settlement, and some claims are resolved through litigation.
Having a basic understanding of the claims process is like having a simple map through the jungle. With a basic understanding of the process, you won’t feel so lost, and you should experience less anxiety knowing what comes next. Clear expectations allow you to plan ahead and avoid the traps and pitfalls that exist in the jungle of the insurance world. The following material is designed to provide an understanding of the basic aspects of handling an injury claim. It explains how it helps our customers navigate the insurance jungle and maximize the outcome of their claims experience.
A “personal injury” involves a physical or emotional injury to a person – as opposed to an injury to a business or property.
How Long Will My Personal Injury Case Take?
A “claim” is the formal process provided by law for an injured person to seek and recover financial compensation from the wronged person or entity.
Typically, the process involves an insurance company contracted by the injured person (or entity) to pay compensation the injured person may be legally obligated to pay to the injured party. Most people cannot afford to pay for the value of damages they accidentally cause to another person, so they buy insurance. Car insurance is a perfect example. Car insurance is bought to pay for the damage that occurs when someone accidentally (or negligently) injures another person while driving a car. Learn more
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