You may often ask yourself or your case manager:When is the right time to close my deal?”. And any good case manager will tell you the truth – there is no fixed timetable for settling a personal injury case. However, certain factors should be considered when deciding whether to settle a case or go to court. These factors include severity of injury, liability, property damage, insurance company and policy limits. Each factor ties your case together.
Significant property damage and serious injury usually indicate that a case may take longer to materialize. An injured claimant may need to follow their treatment and follow their doctor’s recommendations, which can take months or even years. Depending on the type of injury, the injured party may be able to expedite treatment; however, other injuries require more care and time between doctor visits.
“But do I feel good? Can’t we end this?“Slow down! Breathe! Be sure to allow injuries to truly show themselves after an accident. Due to the adrenaline rush that follows an accident, someone who has recently been involved in an incident may feel no pain for days or even weeks.Smaller property damage with soft tissue injuries only can likely be resolved much faster since the property damage and treatment will resolve in less time than the former.
When liability is accepted, insurance is more likely to pay out a claim sooner. Of course, injuries and damage are always taken into account; however, negotiations may proceed more smoothly if responsibility has already been accepted. When liability is denied or comparative, the case will likely need to go to arbitration, mediation or trial to be resolved. In the event of denied or comparative liability, the insurance company can only offer a nuisance offer, or even no offer. Be sure to have your claim assessed by a professional to assess whether the offer you received is fair or worth negotiating.
Finally, insurance company and policy limits are important in determining when to settle a claim. Some insurance companies generally make relatively fair initial offers and are easier to work with in pre-trial settlement negotiations. Additionally, policy limits are important in settling a claim and the time frame within which to do so. For example, if a plaintiff has significant injuries and needs escalated treatment, and the policy is larger, the plaintiff may be able to process more on a lien, giving them the opportunity to receive care. necessary medical.
This is beneficial and often crucial for claimants who do not have their own health insurance. For smaller policy limits, the case may be closed sooner, since there would not be enough money on the policy for an aggrieved party to continue to seek lien treatment. . The sooner the treatment resolves, the sooner negotiations can begin. Even when an applicant is covered by health insurance, it is important to pursue treatment before closing the file. A claimant may be unable to cover co-payments or have easy access to medical professionals who perform procedures they may need.
All factors considered — the length of each case will vary. Remember that a plaintiff has two years from the date of the accident to conclude an injury claim before filing a lawsuit. This is called prescription status. Even before the statute of limitations expires, it may be advantageous to take a case to court when the case is solid and the insurance company has not negotiated in good faith. The advantages of a trial are that the offer can be increased when the adjuster is no longer involved and a defense attorney has been appointed. Even after a lawsuit has been filed, there may be a settlement before the case goes to mediation or trial.
go to trial
“Screw it! Let’s go to court!“First, breathe a little! Before filing a complaint, consider the pros and cons of the whole ordeal. Yes, supply may increase, but not always significantly. Also consider the costs you obtain. The cost of a lawsuit is also much higher than that of an early settlement. Costs include complaint filing, jury fees, experts, travel expenses, etc. The duration of the case will most certainly be increased when a case goes to trial. Civil procedure has its own process. Depending on the county where the trial will take place, the trial date could be set for six months or a year. There is also a chance of going to trial and not winning. This would occur more often in a denied liability or comparative liability incident. Taking a case to court is always a gamble, and those odds may not be in your favor.
Hire a lawyer
Ultimately, a claimant must settle their case when their injuries have been fully addressed and a fair offer has been made by the insurance company. As detailed above, each case is significantly different based on a set of factors, giving each case its own unique timeline. It’s best to avoid accepting a low offer early on. Never accept a settlement offer that does not cover, at the very least, all medical expenses incurred. Once a release is signed, it is nearly impossible to reopen the case and negotiate more money.
Therefore, it is essential to have your claim assessed by an experienced personal injury attorney. At JT Legal Group, we can walk you through the personal injury process when assessing your claim. We provide realistic expectations and deliver extraordinary results, whether we’re negotiating your pre-settlement or pursuing your case in court, you can count on us and our amazing team to deliver excellence.
Call us at 818-797-7900 for a free evaluation of your case today.