I was involved in a MVA 2/15/13.A car hit me after running a stop sign.I have a lawyer but wonder how long it takes to settle.

Asked over 1 year ago - Browns Mills, NJ

I suffer from a cervical sprain as well as shoulder and lower back pain

Additional information

The driver of the other vehicle also admitted fault in the accident. I thank you for your insight. However, it is not about settlement alone. My car was totaled out and I have to see the chiropractor 3 times a week which causes certain difficulties and challenges. Also having no transportation makes it difficult to work and carry out some regular activities of daily living. I am very concerned with my physical health but my mental health is priority as well.

Attorney answers (11)

  1. Jeffrey Mark Adams

    Contributor Level 20

    13

    Lawyers agree

    Answered . Have a conversation with your attorney. Assumedly local and qualified.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Robert W Rubinstein

    Contributor Level 11

    12

    Lawyers agree

    Answered . There are too many factors to give you a specific answer. As the others have mentioned, the carrier, injuries and whether you are subject to any threshold all effect how long it takes. Call your lawyer and ask him for a status update.

    This response is NOT legal advice and does NOT create an attorney-client relationship. For more information on our... more
  3. Jeffrey Ira Schwimmer

    Contributor Level 19

    13

    Lawyers agree

    Answered . Wow, its only 34 days since the accident, and it sounds like you are more concerned about settling the case immediately, then the state of your physical condition. You describe what are generally referred to as "soft tissue injuries", and if those conditions are already beginning to resolve themselves, would be viewed as being "minor". The reality is that insurance companies presently dispute and fight your type of claim more vigorously because under no-fault laws a claim for soft tissue injuries can often be defeated for not meeting the "serious injury" qualifcation for being allowed to obtain compensation for pain and suffering, particularly depending on whether you took a "no-threshold" option under your own policy. If the carrier doesn't want to settle, a lawsuit could easily take 2-3 years to be resolved. Good luck.

  4. Michael B. Fusco

    Contributor Level 8

    11

    Lawyers agree

    Answered . It depends on the case. Typically insurance company's delay payment as long as possible, but it depends on the carrier. You will have to complete treatment before your attorney can give you any honest assessment of the damages. If the case requires litigation, the litigation phase alone will take about 2 years from complaint to trial. You will also factor in how long it will take before your attorney has what they need to be able to file a lawsuit in good faith after reviewing your medical records. A good rule of thumb is 3-4 years after the accident, possibly sooner.

  5. Peter Joseph Lamont

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . It really depends upon the nature of your injury, the insurance company of the other vehicle and a variety of other factors. There is really no way to give you an answer. However, it could take a few months to more than a year.

    If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter... more
  6. Sean P. Wickens

    Pro

    Contributor Level 11

    11

    Lawyers agree

    Answered . Settlement negotiations don't usually being until all damages are known. Given the recentness of your accident, it may be premature to be talking about settlement at this time.

  7. Kevin Coluccio

    Contributor Level 20

    10

    Lawyers agree

    Answered . Talk with your lawyer about this issue.

  8. Keith James Gentes

    Contributor Level 7

    8

    Lawyers agree

    Answered . Please note our new e-mail. LMSlaw3.com is now LMLawNJ.com. Please update your contact to reflect our new e-mail.

    856.424.1808 email - keith@lmlawnj.com or visit us on the web at www.lmlawnj.com... more
  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Every case is different, and your attorney will be in the best position to update you.

  10. Jeffrey Eric Grabelle

    Contributor Level 10

    8

    Lawyers agree

    Answered . There is no general rule of thumb on how long it takes for a case to settle. There are many factors, most importantly, the type of injury you have, the amount of insurance coverage the tortfeaor has, who the tortfeasor's insurance carrier is, the type of tort threshold you have (that is limitation of lawsuit threshold or no-limitation of lawsuit threshold), and what type of uninsured/underinsured bodily injury coverage benefits you have from your own car insurance company. Just because you were in an accident and it was someone else's fault does not guarantee you will recover monetary damages for your pain and suffering. You should ask your lawyer all these questions, and if you are dissatisfied with his answers, find someone who can provide you with the answers.

  11. Lars A. Lundeen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Since you are paying your attorney good money to advise you, pick up the phone and ask him or her this question. I am sure they will be glad to speak with you and also to have an opportunity to learn from you the status of your current care, treatment and condition.

    Legal Disclaimer:

    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.

    This ans. does not create an attorney/client relationship.

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