Accidents happen in the blink of an eye. One second everything is going great and the next you’re dealing with damages like medical expenses, property repairs, and even lost wages. Sometimes it’s surprising how quickly expenses from an accident can add up.
Unfortunately, the same can’t be said for your personal injury claim. The timeline for a PA injury settlement varies but most have something in common. The chances of you receiving a settlement in a few weeks after the accident are pretty slim. So, what does the average timeline of a personal injury claim look like? Here’s a look at what you can expect.
Average Timeline for a Personal Injury Claim in Pennsylvania
As we previously mentioned, every personal injury claim is unique. However, most claims follow a process that can take anywhere from several months to over a year. You can significantly shorten the timeline by accepting the initial settlement offer from the insurance company.
However, this offer is usually low and may not be enough to cover all of your expenses. If your bills continue piling up, you can’t file another claim for the same accident. Usually, it’s best to go through the claim process even when it extends the settlement timeline.
Starting the Claim Process
Yes, even starting the claim process can take a few weeks after the accident. Even though you can start filling out insurance paperwork immediately after the accident. You may even be able to start the process before being discharged from the hospital. However, this doesn’t mean you’re ready to send the claim form in.
Some injuries can take a while to display noticeable signs and symptoms. Soft tissue injuries can take anywhere from a few days to weeks to become apparent. Your physician also needs time to create an effective treatment plan.
Don’t forget about finding the right personal injury attorney to work on your claim. Finding an attorney can take a couple of days and your lawyer needs some time to become familiar with your case. If your injuries are severe, the timeline can be extended. This also applies if you require long-term care or extended treatment like rehabilitation therapy.
Even calculating your medical expenses, including future ones, will take time. How long this step takes depends on the severity and extent of your injuries. You should expect this step to take anywhere from one month up to a year. Don’t panic, usually, your medical expenses are ready to go on your claim within a couple of months.
Calculate Your Damages
Most personal injury claims list both economic and non-economic damages. Your economic damages are usually pretty easy to calculate. These are your tangible losses like medical costs, property damage expenses, and lost income.
You have bills, receipts, and estimates to support this part of your claim. All you have to do is grab all of the paperwork and a calculator. Add everything up and you have the total of your economic damages.
Non-economic damages are a little harder to calculate. These are your intangible losses like your pain, suffering, and mental anguish. Putting a price on your pain isn’t easy and this is when your attorney can help. Your attorney can use either the per diem or multiplier method to calculate these losses. Add your economic and non-economic damages and you get the total value of your personal injury claim.
Thankfully, this step usually goes fairly quickly, especially if you have all of your paperwork organized. Usually, it only takes an attorney a few weeks to calculate damages.
Draft and Send a Demand Letter to Start Negotiations
This step typically takes a few months and the delay usually isn’t your attorney’s fault. Your attorney will draft and send a demand letter to the at-fault party’s insurance company.
A demand letter is a legal way of requesting compensation for your damages, which is also when you include your supporting evidence like medical records and property repair receipts. Now, the ball is in the insurance company’s court and all you can do is wait for them to respond.
The insurance adjuster will take a week or so to review your submitted claim. After reviewing your claim, the insurance adjuster will schedule a meeting with you and your attorney. Unfortunately, this meeting typically doesn’t include handing you a settlement check. However, it’s usually an option. However, if you accept the offer be prepared to receive a check noticeably lower than the value of your claim.
Instead, this meeting is a negotiation between you and the insurance company. You present a number and the insurance adjuster gives you a counteroffer, and this back-and-forth can go on through several meetings. Sometimes, you can spend months trying to reach an acceptable settlement.
Hopefully, eventually, you and the insurance company come to terms. If so, the process is almost finished. All that’s left is to sign the acceptance forms and receive your settlement check, which usually only takes a week or so.
If you can’t settle, your personal injury claim heads to civil court as a lawsuit. Now, the timeline can be extended to a year or more before your case is finally resolved.
Pay Off Bills and Liens
Most accident victims have outstanding bills like medical costs by the time they finish negotiating with the insurance company. Before you receive your settlement check, your expenses including any liens are automatically deducted. If your attorney is working on a contingency fee basis, this is also deducted from the check.
You may have additional legal expenses like court filing costs. Your attorney will also take these expenses out of your check. Now, it’s finally time to sign the receipt indicating your attorney has released your settlement funds. What’s left after paying expenses is your total settlement from the accident.
How Long Does It Take to Settle a Personal Injury Claim?
Settling a personal injury claim typically takes several months, but there are ways to help the process go more smoothly. Working with a personal injury attorney can often shorten the timeline, increasing the likelihood that you’ll receive a settlement check in months rather than years.
An attorney can streamline the process, handle negotiations, and work to make sure that all necessary steps are taken promptly, helping you achieve a quicker resolution to your case.
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