Injury victims, as they should, usually wonder how long it will take to settle or resolve their injury case. This is a fair question and one of the most common ones.
If you do not want to be fully compensated for your injuries an insurance company is always willing to settle fast without knowing the true extent of your injuries. In fact, it is not uncommon for an insurance company to make an offer the same day of the accident just to prevent injured individuals from seeking treatment. There is no turning back once this low ball offer is accepted so it is important to speak with a personal injury attorney following an accident. Since the release from the insurance company will release all “known and unknown injuries” it is even more important to seek medical treatment to ensure your health and peace of mind.
If you settle your personal injury claim with the insurance company before you know the true extent of your injuries or before a physician releases you at 100% medical maximum improvement, your physical injuries may return and require additional treatment. If that happens and you have already signed a release, you will be responsible for the additional treatment and expenses.
Once you retain Kester Law Group, the amount of time it takes to settle your injury claim will depend on the following:
1. When the doctor releases you from treatment or when you reach 100% maximum medical improvement. Your injuries and treatment are the most important factors for you and the value of your case. There are no cookie-cutter guides for recovery. Each person is different. Yet, the adverse insurance carrier will argue that you should have recovered within a specific period of time without regard to you as an individual, your age, pre-existing conditions, aggravation of pre-existing conditions, etc.
2. The time it takes to collect all of your medical records and bills. Injury claims are based on the evidence contained your medical records. Therefore, it is crucial to have an understanding of your past medical condition, current medical condition and the condition caused by the accident. The length of time it takes to receive your records often depends on how quickly medical providers respond to our requests and/or if they are using an outside record collection facility.
3. The time it takes for the adverse insurance company to respond to Kester Law Group’s demand package. The demand package is the final step. The demand package includes all of your medical records, medical bills, and a demand letter outlining the legal basis of the claim and otherwise your entire case. We typically demand that the insurance carrier respond to our demand package within 30 days.
Once the claim is settled, Kester Law Group asks for the settlement check to be delivered within 14 days. It typically takes 30 days but we find keeping a short leash keeps things moving. If a minor is receiving settlement monies, the funds may be required to be deposited in a restrict account that cannot be touched until the minor turns to an adult.
Quick Settlements are in the Insurance Company’s Best Interest not Yours.
The adverse insurance company and insurance adjuster have an obligation to their insured; not you. Part of this obligation is to fight for their insured (at-fault driver), maintain their bottom line and pay you as little as possible.
Insurance companies are infamous for rushing injured individuals to settle their claim and it is almost always to the benefit of the insurance company. This is especially true for injured individuals who have suffered soft-tissue injuries and/or have not been evaluated by a medical physician. Soft tissue injuries are often subjective, can have lingering effects and may require months of medical treatment before resolving.
Quick settlements are not limited to soft tissue injuries. Severe injuries, like broken bones, may require the insurance company to offer you the “policy limits” or the maximum amount afforded under the primary policy. However, there could be more than 1 insurance policy affording coverage. The insurance company for the at-fault driver may not tell you about the other avenues of recovery because it is not in their insured’s interest. If you decide to take a quick settlement under these circumstances, without conducting an investigation about assets or other insurance policies, you could be losing thousands of dollars. Even if an insurance company offers you the policy limits, you always need to conduct an investigation to determine if there is an excess or umbrella policy, assets or other avenues of recovery that can make you whole. Hiring an injury attorney ensures that your injury claim is handled correctly and that you receive the maximum recovery.
Each case and the injuries stemming from the same is different and an individual should not compare their case to someone else’s.
Kester Law Group handles all types of accident injury claims including but not limited to wrongful death, medical malpractice, dog bite injuries, burns, motorcycle accidents, pedestrian accidents, truck accidents, car accidents, motorcycle accidents, trip and falls, premises liability, work related injuries, product liability, etc. Kester Law Group and Gary A. Kester are rated 10/10 “superb” on AVVO, and has been recognized as a top lawyer by National Trial Lawyers and the National Academy of Personal Injury Attorneys.
Kester Law Group is personal injury firm located at 11201 N. Tatum Blvd., Suite #300 in Phoenix, Arizona 85028. Kester Law Group offers free, no obligation, consultations and does not get paid unless they win or settle your injury claim. Call now for your FREE CASE EVALUATION (480) 771 – 6000.