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How long does it take for a accident claim to be settled, after your doctor releases you from treatment.

Marlton, NJ |

me and my fiancee where involved in a hit and run about 4 months ago, after going to doctors and chiro for 3 months or more, our lawyer is now saying these where injuries that we had before,but we are still in more pain after the accident. they are saying if they go to court it might take 4 years before we get a settlement. in the beginning they had said we can get you this and we can you that,but now their tune has changed. please,somebody give me some advice.thank you.

Attorney Answers 9

Posted

Depends on the nature and extent of the injury/treatment as well as the tortfeasor's insurance carrier. There are many moving parts in personal injury litigation. But now would be the appropriate time for your attorney to formulate a demand and begin settlement negotiations. Best of luck, Keith

856.424.1808 email - keith@lmlawnj.com or visit us on the web at www.lmlawnj.com ***Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship***

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Posted

This varies but, the procedure is usually obtaining the medical records and bills (including any final reports) and then putting this together with a demand letter (that process takes weeks or longer depending upon how quickly it takes the medical provider to provide the records). Thereafter, it usually takes about 30-45 days for the insurance company to analyze the settlement demand and negotiate numbers. Talk to your attorney about this.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.

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Posted

It really depends on the underlying facts of the case. Specifically the nature and extent of injuries, whether liablity has been accepted, and other issues that commonly arise during the course of the claims and litigation process. Often a straightforward personal injury case can take up to a year to resolve, and more complex cases several years. I hope this helps. The best bet is to speak with your attorney to determine the status of your case.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

Generally the earliest that a case would get settled is 2-3 months after you have completed all your treatment, and rarely before you are done treatment. That assumes that the insurance company agrees to settle which is outside of any attorney’s control who represents the injured party. If the insurance company refuses to settle, which happens more often than not, then the only recourse is to file a lawsuit in court, which could then lead to another year to a year and half, ir not longer. And if this a true hit and run, where the other driver is not identified, then it will be an uninsured motorist claim, which can sometimes take even longer since it must go through arbitration first.

Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.

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Posted

Your lawyer is not the one saying you had preexisting injuries, rather it must be reflected in the medical records somewhere. If it is then you have to deal with it. You can still get a settlement of a exacerbation of a preexisting injury, although the value of you claim will be less. Preexisting injuries are injuries that you have had and have not fully healed. They are not neck and back strains that occurred 5 years ago that fully healed. As far as how long it will take. It is true that in all jurisdictions, litigation can go on for years. Have you and your lawyer considered suggesting mediation. It is inexpensive and quick and many times gets the case settled. Good luck.

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Posted

Lawyers shouldn't make false representations. Best bet is to get a lawyer who won't.

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Posted

As the other attorneys said, there is a lot of missing information here. Best bet is discuss in detail with your attorney as each case is very different. If you are not happy with your attorney, and your case has not yet settled, you may seek another attorney. Many personal injury attorneys in your area such as myself offer free 30 minute consultations. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Posted

If you were involved in a hit and run accident where the other driver was not identified, then you have what is known as an uninsured motorist or "UM"case. Depending on the terms of your automobile insurance policy, your claim may be resolved by either submitting it to either arbitration or a trial in the law division. Arbitration normally goes much faster, but may not always be binding on all issues. Typically, most policies issued to private individuals contain a clause where the arbitrator's award is binding on amounts less than $15,000, but may be rejected for amounts over that amount.

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Posted

I'm sorry for your accident, I hope you and your boyfriend will feel better soon.

You two have had what might be considered "limited treatment" with the 3 months of chiropractic care and if you both had similar injuries from prior accidents or if you had degenerative findings (signs of aging) in your testing, then you might have a difficult time proving that the injuries were caused by this accident and that they were not pre-existing when it comes time for the case to go to trial (which can take 4 years from the time of an accident). Juries can be tough in awarding money damages and insurance companies know that and consider that when they decide whether or not to settle a case before trial.

It seems that there may have been a misunderstanding between you and your lawyer or that the attorney might not have had all of the facts that they have now. You may want to contact him or her and ask for an explanation.

If you are still in pain, you should perhaps consider another type of treatment for your injuries.

Good luck, feel better.

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