Each accident injury case is different and how long it takes to settle a case is different for each person. Mostly it will depend on how severe your injuries are and how long it takes for you to recuperate.
While you are being treated by your physician and/or chiropractor for your injuries, we begin building your case by collecting your medical records and other records related to the accident, such as eye-witness testimony.
We highly recommend keeping all appointments with your doctor and to get treatment as often as necessary so that your body can heal and recover properly. If cost is an issue, talk to your physician or chiropractor as sometimes they will allow you to pay their fees after you receive your settlement.
Once your medical treatment is finished, we begin the process of submitting your paperwork to the insurance company. Typically it takes 6-8 weeks for an insurance adjuster to go over your claim and respond with a settlement offer. This is when the back and forth negotiations begin.
Of course the insurance company will start with a very low offer, but we will work to ensure that the compensation your receive covers your medical treatments, lost wages, and any emotional pain and suffering endured.
The negotiation process can take another week or so, depending on how fast or slow the insurance company is, but once a settlement is agreed upon, it can take another week to receive a check. The whole process all together can take anywhere from 3-4 months after treatment is finished.
If you are working with a Virginia accident injury lawyer, make sure he/she communicates with on a regular basis to keep you updated on your claim.
Do I have to go to court?
No you don’t have to go to court. The decision on whether to go to court or not is always yours. Sometimes however it is important that you file suit in your case because the insurance company is being unreasonable in the amount of money that they are offering.
If you have a serious injury and the insurance company is not offering serious money then our advice to you would be to file suit so that you can get the serious money that your case deserves.
Often times insurance companies offer settlements before you need to go to court but more often than not their strategy is to offer you less than what you can get through trial.
Keep in mind that insurance companies and their attorneys know exactly how much your claim is worth, and they are in a much more powerful position to negotiate with the other party than you are. Their job is to resolve the potential “liability” by paying as little as possible to you. Many valuable rights were lost because the injured person believed what he or she was told by the insurance company.
Some personal injury attorneys just try to settle your case without ever trying your case. At O’Bryan Law we are committed to obtaining your fair compensation, and if the insurance company refuses to pay the acceptable amount, then we proceed in court. We know how much you are entitled to and we ensure that your injuries and losses are fairly compensated for.