Statute of Limitations

How Long Does a Personal Injury Case Take?

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How Long Does a Personal Injury Case Take?

As a general rule a personal injury claim can be settled 90 to 120 days after the last date of medical treatment. This assumes there is not any liability issue. If there is a liability issue settlement of the claim can be prolonged until the liability is resolved. This may require a court trail. The time to get to a court trial can be more than 3 years.

It should be noted the 90 to 120 days to settle a personal injury claim is 3 to 4 months after the very last date of treatment. This is not the date on which the doctor providing care advised you to come back for a final checkup. It is the very last date of care. The day on which you are fully resolved of all the injuries for which you are bringing a personal injury claim.

The very worst thing someone can do who possesses a personal injury claim is to settle the case before they are completely recovered. Injuries arising from car crashes, motorcycle accidents or falls can be long lasting. In some unfortunate situations the injuries giving rise to a personal injury claim can be permanent. They are all too many past situations in which someone who suffered injury settles the claim with an insurance company, signs a release only to find several weeks, or months later the injury is far more severe than they thought it was.

It is common for some injuries such as a herniated disk in the low back to cause intermittent pain. Someone may assume the pain will go away, but after some intermittent relief it returns with a real severity. If someone assumes the intermittent relief means the condition is fully healed the person may settle their personal injury. Doing so prevents the person ever again bringing claim against the responsible person and the responsible insurance company.

Signing a release forever brings an end to a personal injury claim. A release is a binding contract which is enforceable. Releases contain language that state the personal injury claim is forever settled. The claim cannot be reopened. The personal injury claim is forever ended.

The state of California possess legislation which provides someone with a personal injury claim who signs a release cannot release any injuries the person does not know exists. While this legislation was well intended it did not produce the results anticipated. All insurance companies which obtain releases for people with personal injury claims in California state in the release the statute is waived by the person signing the release. In short, the personal injury claimant must give up protection of the statute if the claimant wants to settle the case with the insurance company.

Many insurance companies recognize people with injuries which are not fully revealed will sign a release in order to obtain immediate payment. Insurance companies often offer personal injury claimants money in exchange for a binding release. If someone immediately agrees to accept money in exchange for signing a release the person may face medical expenses, loss of income and various other consequences from their personal injury for which they are never paid. People with a personal injury claim who agree to an immediate settlement and sign release often do so at their own peril.

This is why it is always best to wait 90 days up 120 days following the date of last medical care before signing a release. In that period of time all injuries should be evident. It may appear everything is fine, but waiting the 3 to 4 months is an investment in your future. You only possess one body. Before signing a release prepared by an insurance company you need to make sure you are in the same physical condition you were before the car crash, motorcycle accident or fall took place.

If you possess any questions regarding the wisdom of signing the release it is always best to speak with a personal injury law firm that is experienced. The majority of personal injury law firms will provide the initial consultation without cost. David Allen & Associates is a law firm with over 44 years of experience in handling tens of thousands of personal injury cases and collecting over $500,000,000- one half a billion dollars - for its clients. It will provide a free consultation to you should you possess any question regarding an offer from an insurance company.

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David Allen & Associates
At David Allen & Associates you will find Personal Injury attorneys to help people injured in motor vehicle accidents, social security disability and long term disability lawyers to help those who cannot work, and Insurance Bad Faith lawyers to help policyholders collect the benefits they paid for. All of our attorneys share an unwavering commitment to helping our Personal Injury, Social Security Disability and Long Term Disability clients recover, and they have excellent track records of success when it comes to gaining decisions for their injured clients.

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