When one gets into an extreme and severe car accident and the other party is deemed at fault, then the person can file an injury claim for the compensation of physical and materialistic loss. The victim is likely to get concerned about the period in which the injury claim is settled. A person can be in a sort of limbo about the tenure of the settlement of injury claim and what all proceedings it may involve. The person sometimes may be so injured that he couldn’t deal with proceedings and negotiations related to injury settlement claims. For such a case, the victim must approach a car accident attorney Fort Myers or a personal injury lawyer.
For example, if a person is left with severe physical damage and incurred high medical expenses and the person is unable to pay for the medications or surgery. Also due to this, the person may be facing a downfall in occupation leaving the person in a precarious financial position. Usually, the settlement of injury claims depends upon the case or the accident occurred but typically it takes several months or several years. Some cases are fairly straightforward forward which get resolved in months but some are too complex and may require a lot of hustle and clever efforts. According to a car accident attorney, various factors affect the settlement of injury claims and those are mentioned below.
Factors affecting settlement timeline
Various factors affect and influence the settlement tenure of your injury claim. Though it usually depends upon the particular case and accident occurred, there are still other factors affecting the cause.
- Problems associated with proving and determining liabilities.
- The extent of damage and injury both physical and automobile-related.
- Shreds of evidence of damage done.
- Respond to the insurance company towards your injury claim.
- Negotiations involved in the settlement.
- Presence of a personal injury lawyer Fort Myers
Let us know in brief about each factor individually.
Problems associated with proving and determining liabilities.
If the driver’s negligence and irresponsible behavior led to the accident and caused damage and injuries, then the driver is at fault and is liable for the loss and should be taken to task. But sometimes it becomes very difficult to prove the other person guilty of the damage. Also if you were unable to collect shreds of evidence on time then it is very tedious and cumbersome to prove the driver guilty of his action. And this may trouble you in the process of getting insurance from the company which would, in turn, extend the tenure of an injury settlement. It will slow down the whole of the injury claim proceedings. This is why it is suggested to hire a car accident attorney and file a lawsuit for the incurred losses.
The extent of damage and injury both physical and automobile-related
The details of injuries and losses also play a major role in determining the time required for the settlement of injury claims. If you are diagnosed with critical injuries or sometimes medication for chronic injuries then it may take time to calculate the total amount of medical damages done and expenditure to cure them. It depends upon how long your recovery will take and how extensive your medications will be.
Shreds of evidence of damage done
Shreds of evidence play a vital role in determining the time required to settle the injury claim from the insurance company. There are various tools and gadgets which record and notify about the speed of the automobile during the time of the accident. A black box recorder is one such device. We can also look for the driver whether he/she was wearing a seat belt or not. Also, pictures and videos of the time of the accident add to shreds of evidence of the accident and become very useful. Thus, the quantity and quality of shreds of evidence and witnesses determine the timeline of the settlement of car injury claims.
Respond to the insurance company towards your injury claim.
An insurance company usually takes it longer than usual to respond and investigate your claims. This is frustrating and will consume a lot of time. They may even think that you get tired of waiting and drop the idea of claiming for the injury insurance. Or if they find it a complex case, they will take time to find for details and investigate making the case last longer than it should be.
Negotiations involved in the settlement
The insurance company may agree to your terms and pay for claims or even they deny, you must be sure about your proceedings and negotiations. You can either accept or deny the claim offered by the insurance company or either you can reject an offer and negotiate for the high compensation or else you can reject the claim and file for a civil lawsuit for the compensation of the damages incurred. It is suggested to consult a car accident attorney for the proceedings. They will guide the proceedings after weighing the pros and cons of each and then select the one suitable and appropriate for you.
Presence of a personal injury lawyer
The presence of a personal injury lawyer or a car accident attorney will assist you beneficially in numerous ways. If you are badly injured he/she can look for the proceedings on your behalf and can even collect the shreds of evidence and proof for the liability of the negligence of the other party. Also, there are various proceedings and collections of some shreds of evidence which can be only the order of the court and with the help of a personal injury lawyer. So don’t even think twice before hiring a car accident attorney for any of your car accident settlement of injury claims. Please contact the Law offices of Wolf and Pravato for more legal assistance.