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Personal injury response time for a whip lash claim. What’s next?

Birmingham, AL |

do insurance companies have a set time that they have to reply to a demand letter that your attorney sends them? My attorney told me that it would take six weeks to get an offer four months pass i call and he says no offer? Will the next step be court? Can I change my attorney at this point?

Attorney Answers 7

Posted

Simply call your attorneys office and schedule an appointment. That should resolve your angst. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

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Posted

I agree. Schedule an appointment with your lawyer to discuss the time frames. Insurance companies do not like to part with their money.

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Posted

In some states response-time is established by law.

In our practice we include a response date in the demand letter. If a response is not received by the deadline we set we file suit.

You can always change attorneys. But a good idea to meet with the one you have now to see if differences can be sorted out.

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Posted

Has the lawsuit been started yet? If not, ask your attorney when he plans on starting the lawsuit and why the delay. Make sure you get all your questions answered to your satisfaction. But don't blame your attorney because the insurance company did not make an offer, unless his demand was not strongly supported by accompanying documentation,

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2 comments

Asker

Posted

well he did not ask me for any evidence for lost wadges or anything of that nature he just had bills from my doctors. maybe thats part of the reson for the delay.

David Ian Schoen

David Ian Schoen

Posted

Could be. Talk to him

Posted

You can change attorneys at any time. It is unusual for a small case to take that long. It is possible depending on the insurance company.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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Posted

There is no set time. You can change lawyers at any time. Avvo has a great "find a lawyer" tool to locate a top-rated personal injury lawyer (10) with a reasonable contingency fee, less than thirty percent, so you don't get hurt twice. Good luck.

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Posted

Since you have an attorney already, you should set an appointment to speak with him/her. There may be many reasons an attorney does not file a lawsuit right away. For example, in Louisiana, depending on the extent of injuries, I may advise my client not to file suit until a surgery is completed by the client's treating physician. Why? Because as soon as a lawsuit is filed, the insurance company can request that the client be seen by a doctor picked by the insurance company. More often than not, that doctor will say the client is not injured or was injured by something other than the accident. I would rather my client's treatment be unimpeded. Therefore, I may not file suit right away. But, in your particular case, you won't know, until you speak with your attorney!

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