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

Asked 8 months ago - 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)

  1. Randy William Ferguson

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

  3. David Ian Schoen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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,

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more
  4. Jeffrey Mark Adams

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  5. Dennis Wayne Tackett

    Pro

    Contributor Level 18

    2

    Lawyers agree

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

  6. Michael David Myers

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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.

  7. Dexter Anthony Gary

    Contributor Level 4

    Answered . 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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