I was parked at a gas station near the air pump, about to get air for the tire. As I was exiting the car, both my feet were on the pavement. As I stood between the driver's door, and the driver's seat, a car backed in to my Van, squeezing me between the seat and door. As I began to fall to the ground, the driver pulled forward, and backed up again, denting the lower part of the door where my knees were located. I fell to the ground; the driver hesitated momentarily, then sped off. My Son ran from the passenger side of the Van, and memorized the Plates as the other driver fled. There were five witnesses. Though I have been in treatment for three months, my treatment has ended, and the report was sent to my Lawyer. However, I am still feeling pain in my shoulders, and right knee, and especially in the right shoulder. Now, I would like to know about how long it will take for the case to settle in the event I need more medical help, and have to pay for it myself. Thanks so much for your advice, and help.
How long a case will take to settle depends on many factors including the need for more medical treatment, policy limits, whether you have uninsured motorist coverage, and any liability concerns. You should tell your attorney about your continuing pain and that attorney should be able to tell you how long they think the case will take to settle. Best of luck.
Car / Auto Accident Lawyer
Have you asked your lawyer? Without knowing the extent of your injuries and the prognosis, I cannot answer your question. However, your lawyer will not settle your case until you are "permanent and stationary" meaning that you either have had all the treatment you need and are better or you have a permanent injury which will require future care. All of that will be factored into any settlement assuming good liability and a policy of insurance large enough to pay for your damages.
There are no set time tables in these cases. Three months is certainly not a long time considering the circumstances of your case. I imagine your attorney has provided you some of the following, but it bears repeating:
You have two years in which to settle the claim without filing a lawsuit. If you don't file a lawsuit within two years of the date of the accident you will lose your rights.
In the meantime, your lawyer would be doing you a great disservice if they attempted to settle your claim without first fully understanding the damages that you suffered in this accident. This means that the doctors must either release you from care or be able to provide you and your attorney a reliable prognosis before a complete evaluation can be made.
That being said, if your attorney is comfortable that there are no other avenues of recovery besides the insurance coverage on the offending vehicle, then a settlement may be finalized while you are still treating once it can be established that the value of your claim exceeds the available policy limits.
I am sorry for what you are going through and wish you the best in your recovery. You were smart to work with a lawyer on this case and I trust they will do well for you.
This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.
If your injuries are still sorting themselves out you should not even be thinking about settling because you don't know the value of your case. In any event this is a question for your attorney.
Personal Injury Lawyer
Wow glad you are okay. I agree with my colleagues & what Atty Lewis said about there is no set time. Case by case basis. It depends on the case, the type of injuries incurred (when medical treatments are fully), the pending criminal case, date of accident because of statute of limitation, etc. Since this is a personal injury case, you have 2 yrs from date of injuring to file a lawsuit. What is the date of your accident, calculate that, then you will know how long you have... talk to your attorney! If your accident was only 3-4 months ago, you still have time. You might still have time for treatment... Goodluck! btw glad you are okay.
*Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)
Your case must not be settled until you are fully recovered from your injuries and/or you therapy is not beneficial anymore if you have a permanent injury. Your attorney should explain to you all the details. There is no set time for a case to settle, it all depends on your treatment and recovery unless your injuries exceed the policy limit of the defendant insurance policy, then your attorney will settle with them for the policy limit. Good luck !!!
Personal Injury Lawyer
First of all, I agree with what my colleagues have indicated. The one thing that is of concern is what are the policy limits of the other party. In California, the minimum limits are $15,000/$30,000 for liability. That means that the maximum policy limit to be paid out could be only $15,000 for one person like yourself. If that is the case, your attorney may have to consider additional alternatives such as Underinsured Motorist coverage and what additional assets the other party may have. Sorry you were injured.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Employment / Labor Attorney
You need to get your shoulder looked at as could be serious. You cant settled until all of your medical isdues are identified and its determine what all your treatment will consist of and cost.
Answering this question is not an agreement to represent the recipient or others. This answer is an opinion based upon the limited facts supplied and further research and analysis is required to render a full legal opinion. This opinion is that of the Law Offices of Dennis P. Wilson and is only premised upon California law and is not meant to be utilized in any other jurisdiction.
Ever case is different. Your lawyer can give you a status update.
Car / Auto Accident Lawyer
A lot of people in your case would likely get an X-ray and/or MRI from their doctor in order to make sure there is no permanent damage to your body. If you settle your case and have more sever injuries you will likely be hurting yourself by not getting a proper settlement amount.
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