How Long Does it Take to Resolve a Personal Injury Claim?
A common concern among our clients is how long the process takes to resolve their personal injury claim. While the answer can vary dramatically from case to case, on this page we will discuss the three factors which will primarily impact how much time will be needed to resolve your claim.
Beyond the three factors we will discuss below, it is important to keep in mind the New Jersey statute of limitations on personal injury claims. In general, personal injury claims need to be filed within 2 years of the date of the accident which caused your injuries. Of course, the sooner you file your claim, the better chance you will have of linking your injuries to your accident, thereby strengthening your claim.
Assuming you are within the statute of limitations, the personal injury attorneys of Fredson Statmore Bitterman will want to start by assessing your individual case. This includes speaking with you about the circumstances of your injury, the extent of your injuries, how much compensation you need in order to cover your medical expenses and lost income, and creating a plan of action moving forward.
Call our office today to discuss your unique needs and concerns when it comes to any kind of potential personal injury claim, and how we can guide and advise you through the process to a successful recovery in a free and confidential consultation.
Personal Injury Attorneys and “Determining the Extent of Damages to be Sought”
The first step in any personal injury claim is to identify exactly how much you need, and will be seeking, in terms of injury damages.
This means thoroughly evaluating the impact your injuries have had on your life, including current and future medical costs, current and future losses to your income, and the extent to which your life has suffered as a result of your injuries.
This process can often involve consulting with both medical professionals as well as financial professionals in order to have the most accurate possible picture of the full extent of the damages you have suffered.
The most important variable in this process when it comes to determining how long it will take is the severity of your injuries. The more severe the injuries, the more important, and complex, these investigations and estimates become.
Personal Injury Lawyers and “Negotiating Your Claim”
Negotiating a personal injury claim is a bit like haggling with a used car salesman. At the beginning of the process, neither party is clear on how far the other is willing to move towards the middle.
Our Paterson, NJ personal injury lawyers have decades of experience negotiating for favorable outcomes, and as such can provide you with a very generic example of what to expect during the negotiations process:
- You and your attorney write a demand letter asking for more than what you are reasonably hoping to receive
- The insurance adjuster will come back and argue that your claim is not as strong as was stated. This can include trying to poke holes in your case or claim that certain costs should not be covered. They may counter offer with a low-ball compensation package
- Your attorneys will refute the claims made by the adjuster one by one and show that you are owed the money asked for. Depending on the counter offer, we may lower our offer accordingly or not
- The insurance adjuster again may argue against our claims, and will likely raise their offer.
However, it is hard to say exactly how much time this negotiation process will take for any given personal injury claim. In some claims, there is clear proof of negligence and liability, giving our attorneys a much stronger negotiation position.
In other situations, fault may not be as clearly defined, or there may be debate over the full extent of your injuries, and the affect those injuries have had on your life. Every personal injury claim is different, so your best bet for obtaining a rough timeline when it comes to negotiations is to speak with our attorneys regarding your particular situation.