After a car accident, you’ll be getting a lot of bills. They could come in from a hospital emergency room, doctor, and car mechanic. The people who are sending those bills aren’t overly concerned about who caused the accident; they are focused on being reimbursed for services rendered.
That reimbursement becomes complicated if the accident wasn’t your fault. In that scenario, those bills should be paid for by the person who caused the accident. That should have you asking, “How long do personal injury cases take?” Here is what you need to know.
The Basics of Personal Injury Claims
Personal injury claims cover a wide range of accidents, from vehicle collisions to slip-and-fall accidents. As you might imagine, the categories might be the same, but the circumstances and aftermath of those accidents are unique to the victims. One thing they have in common is that those victims would benefit from speaking with an experienced Louisville personal injury attorney.
At McCoy & Hiestand, PLC, we are here to listen. We are dedicated to helping our clients find a fast resolution to their personal accident claims. We also work hard to make sure they can get the maximum compensation they are due. How long this process takes depends on many factors. Consider the following:
Investigation
When you bring your accident claim to a personal injury attorney, you’ll present some of the initial evidence. From there, the law firm team will do a deep dive investigation that involves reviewing the following:
- Police reports
- Witness statements
- Video footage
- Cell phone photos
- Medical records
- Car repair estimates
- Lost salary
Depending on the accident, gathering this information could take several weeks.
Determining Liability
There are many accidents where liability is clearly established. Rear-end collisions or right-of-way car accidents can establish the at-fault party. This is important because that is who your attorney will pursue for the compensation. The issue of who is at fault is vital because Kentucky is a comparative negligence state. That allows you to recover compensation for an accident that was someone else’s fault, but that other person could also try to hold you partially to blame. If they prevail, your compensation will be decreased by the amount of the fault assigned to you.
Determining clear evidence of liability will strengthen your claim and help you get all you’re due to cover your financial losses.
Assessing Injuries
Your injuries will need to be assessed to determine the final amount you’re asking for. For that to happen, you will need to reach the maximum medical improvement (MMI). That is the point where your doctor believes your injury has stabilized and any further treatment won’t improve matters. For example, if you break your arm, you might be in a cast for six weeks and then physical therapy for another five weeks before you reach the MMI. The assessment of your injuries would then be based on those 11 weeks.
With more severe injuries, there could be a longer period before you reach the MMI. It is important that you and your attorney, in consultation with your doctor, make a thorough assessment of your injuries. If you require ongoing therapy or care, that must be factored into your request.
Negotiation Process
A demand letter will be generated after you and your attorney have all the relevant evidence and have assessed the extent of your injuries. This letter will be sent to the insurance company. You need to spell out what you’re asking for and why you’re entitled to it. At that point, you’ll enter into negotiations with the insurance carrier to determine the final amount you are due. The first number the insurance company comes back with might not be close to what you’re asking for. That means your attorney needs to negotiate to get to an acceptable number.
Filing a Lawsuit (If Necessary)
If the insurance company resists offering a fair settlement, your attorney might suggest moving on to filing a civil complaint. That will mean a lawsuit where your evidence and testimony will be presented to a jury. This phase could start several months after you file your initial insurance claim. Once you file the civil complaint, you will be assigned a judge who will set a court date. That could add several more months to the timeline for getting your final settlement.
Working for a Resolution
One of the main reasons for hiring a personal injury attorney like McCoy & Hiestand, PLC, is that we’ll keep the claim process moving forward. We’ll also keep you informed every step of the way. We’ll be able to estimate how long your case will take at our first free consultation. If we agree to work together, we will bring decades of experience to support your claim and get you a resolution as soon as possible.
