As a Premises liability lawyer in Philadelphia, my team and I recognize that often our clients simply want to know when they can expect a fair settlement. I cannot tell you how many times a day we get asked: How long will it take to settle my personal injury case? Unfortunately, there is no quick answer to this question. Generally, you will receive a lowball settlement offer soon after an accident. These offensively low offers are presented in an attempt to get you to settle your case quickly rather than pursue the compensation you deserve. Many times these claims cover initial medical expenses only, and do not compensate for ongoing medical care, lost wages, or pain and suffering.
The insurance companies try everything they can to get you to accept these wimpy settlement offers. They may tell you that your accident was minor or that you are only entitled to a small claim. They often act friendly and compassionate in order to get you to believe that they are on your side. The insurance adjustor does not have your best interests in mind. The only thing they are looking out for is the bottom line. Do not talk to them and do not ever give a recorded statement without first speaking with a personal injury attorney.
What Is Maximum Medical Improvement (MMI) and Why Does It Matter?
In order to fully understand the extent of your injuries, we must wait until you achieve maximum medical improvement (MMI) to proceed with your case. MMI means that either you have fully recovered or the injury has stabilized to a point where no further recovery is expected. By waiting for MMI, we have the benefit of understanding the full cost of your medical treatment and any ongoing physical limitations that may exist.
What Does the Settlement Process Involve?
Your attorney will work with you to collect your medical bills and records, confirmation of lost pay, and physician statements about any physical limitations you may face. Your attorney will provide all of that information together with a settlement demand to the insurance company – this is called a Demand Packet. The demand packet will provide a narrative of the accident, information concerning why the other party is at fault, how you have suffered, the ongoing effects of your injury and an initial settlement figure. The insurance company will generally review this information and counter with a lower settlement figure. This often lengthy process can continue back and forth for several months.
What Happens if a Settlement Cannot Be Reached?
In the event that your attorney and the insurance company cannot agree upon a settlement, your case will proceed to trial. In Pennsylvania, the statute of limitations on personal injury trials is two years. That means that if you do not file your suit within two years from the date of injury, you cannot recover. Rest assured, if we have not achieved a top dollar settlement, we will file a lawsuit on your behalf, making sure you do not miss this deadline.
Unlike some other personal injury law firms, at KaplunMarx we are not afraid of seeing cases through to trial if we are not offered a satisfactory settlement. In fact, we often file suit in a great deal of our cases to put added pressure on the insurance company. Our trial attorneys are prepared to go to Court to ensure you receive the compensation you deserve. The answer to how long will it take to settle your personal injury case is it varies, but rest assured if you are with KaplunMarx we will work to get you maximum compensation for your case. To set up a free consultation with a Bala Cynwyd Personal Injury Lawyer attorney, call 610-660-7780 or contact us online.