“How long will it take for me to settle my accident injury claim and get paid?”
Although this question is one of the most frequent that we hear, it is also among the hardest to answer. There are simply too many variables involved in each particular case, from the extent of your injuries to the amount of contention over reasonable “pain and suffering.”
A simple claim may take only a few weeks to process, while a more serious injury may take a year or more.
Understanding the factors which influence that time frame should give you a great frame of reference, and allow you to positively impact the timeline where appropriate.
Although there are exceptions, the average accident claim takes 6-12 months to process.
When Should I Call an Attorney?
Contacting a personal injury or car accident attorney as soon as possible is recommended for several important reasons. We can gather evidence that may be destroyed if there is a delay (e.g. phone records, vehicle damage inspections, or evidence of the accident at the scene).
We can also help you to collect all required reports and paperwork and make necessary phone calls to all relevant parties.
Having an advocate on your side can assure you that everything is being done – and at the right time.
Accident Claim Timeline – Points to Consider
Burden of Proof: In Florida, it is your responsibility to prove not only that there was a negligent act, but that the act directly caused your injury or ongoing illness.
This burden of proof may require photos of the accident scene, all medical records, MRIs and Xrays and receipts of medical bills – and these can take time to assemble.
Your Medical Condition: If you have sustained an injury of any kind, you do not want to pursue a claim with the relevant insurance company until your doctor has completely assessed your condition, including any long term effects.
If there has been a serious injury, it may take 6 months or longer for a final determination to be made as to permanent condition or long-term medical needs. Pushing a claim through too quickly after an accident may fail to identify an injury or need which takes time to manifest or diagnose.
Insurance Company Cooperation:
Especially in the case of an expensive claim, insurance companies are often not eager to make large settlements. They may employ delay tactics to draw out the process, resulting in the injured party feeling intimidated or pressured to simply settle for a lesser amount.
An experienced personal injury attorney becomes especially valuable in these circumstances, helping the claimant to see the bigger picture.
What Can I Do to Ensure that the Process Goes As Quickly as Possible?
Ultimately, you are in charge of the entire process. If you prefer to settle on the amount offered to you and walk away, it is your decision. If you feel that you would like to litigate the claim based on the information and advice of your auto accident attorney, that is also your prerogative. Each option will either shorten or lengthen the timeline of the case.
Your best chance for a successful claim, one which proceeds according to an acceptable schedule, is to follow all professional advice. Do everything your doctor tells you to, keep all appointments, and do not stop treatment prior to doctor’s recommendations.
You will also want to promptly provide all records of appointments, bills, and medical updates to your attorney.
Being patient and staying the course – while being represented by an attorney with knowledge, skill and diligence – is the best way to ensure that you receive the most favorable outcome.
Your health, both physical and financial, is worth the time.
For more information on making a claim in a personal injury case in Sarasota or Bradenton, contact Probinsky & Cole for a free consultation.
