I parked my car at a pump was walking toward convince store to pay I had stopped until the traffic of two cars drove by then a man waived me to walk so I started to walk took 3 steps or so and he hit the gas and truned right into me it happend so fast I was freaked out he hit my arm shoulder area I called cops it was privite prop so all they could do is file a statement for me of the accident inwhich I was the victim.
The best answer to your question is: It depends.
It all depends on your injuries. If you are not injured, you do not have much of a claim. If, however, you have something like a torn rotator cuff that requires surgery, you could have a fairly large claim.
The less serious your injuries, the quicker it will be to resolve your claim. The more serious, the longer it will take.
You should seek the medical treatment you need for your injuries. You should also consult with a personal injury lawyer. Most lawyers will give you a free initial consultation and will ask you about the facts and your injuries. After they get more the details, they can give you a better idea of what to expect out of a claim or lawsuit and how long it may take to resolve.
Sorry to hear about what happened. Even though statements were taken, no matter what what said at the time, stories change. So, aside from advising you that you have two years to get a complaint on file from the date of the accident, you need to consider whether there are any witnesses. Also, because this occurred at a gas station, there may be video recordings of what happened, but you have to act quickly to get these things or they will, undoubtedly, be routinely erased to discarded. Whatever you do, don't wait until the time is about to run on the statute of limitations -- few, if anyone, will want to get involved at such a late date.
As for how long it will take, there's no honest way to really tell you. These things are unpredictable and some can be resolved quickly while others take years.
There's no set time limit -- other than the 2 year statute of limitations. If my firm (based in Tempe) represented you, we would first contact the insurance company. We would immediately contact the gas station to preserve any security video. The next step is a demand letter to the insurance company -- when that happens depends on how long you're under medical treatment. Don't put yourself in a mindset of this being quick cash -- that plays right into the insurance company's hands. The insurance company hopes you're desperate for cash, then they can settle quick and cheap. Plan on not seeing any money for 3 years -- then you'll be happy if it comes sooner and because it will be a higher amount!
Depending upon (1) your injuries (which sounds like they are serious), (2) whether the driver has accepted liability for running into you and (3) the driver’s insurance policy limits, your case could likely be settled prior to a lawsuit/trial. For example, in Arizona the state minimum for automobile personal injury coverage is $15,000. Assuming you require shoulder surgery which could include physical therapy, and other doctor visits, the value of your claim is in excess of the state min. of $15k. The insurance carrier will likely tender the $15k to you. The next question is whether you carried underinsurance on an automobile you own or live with a family member who carries underinsurance in their automobile. Note: in AZ underinsurance and uninsurance travels with the person. Your best option is to consult an experienced personal injury lawyer to go over the laws and how they can protect you. Consultations are free.
Richard A. Cruz, Esq.
Managing Attorney in Arizona
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.Your attorney can estimate the amount of time it might take to process your claim in your area. Timelines differ around the country.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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