Injured people are often concerned about how long it will take to get a
settlement. The facts are that it is not ordinarily a fast process. There
is time involved in gathering facts about the injuries and determining
the long term impact upon the victim, personally and financially, and
the valuation is a very important part of the process.
Facts regarding the types of medical treatment that will be needed, both
now and in the future, any losses that the victim has suffered personally
must also be valued, such as:
- changes in quality of life
- pain and suffering
- the inability to practice their profession
- similar ramifications
Once the value of the claim is determined, it will be submitted to the
insurance company of the liable party, with supporting documentation.
In many cases, the claim will come back with various requests for information.
For example, if a person has suffered a serious back injury in a
car accident, the insurance company many want to find out if the victim had any other
back injuries prior to the accident, and if so, may ask to reduce the
value of the claim on the basis that the injury was worse due to an earlier
There may also be efforts to establish that the victim was in part, responsible
for the accident. This process could involve various actions, including
presenting evidence from an independent accident investigator, police
reports and other data. In some cases, the claim is denied, for various
reasons, or there is initially a low settlement offer from the insurance company.
The insurance company is required to offer a reasonable offer within a
specific period of time, which in West Virginia, is 60 days. The offer
they present is often too low, and the attorney will reject it, after
discussing it with you. The insurance company is not in a rush to pay
you. The way to get a claim settled fairly is to ensure you have legal
representation that will press the insurance company, and press hard.
One of the ways that a valid claim can be moved forward is to file a lawsuit,
which now puts the insurance company on high alert. Most cases are settled
without a trial, but in some cases, this is the only way to get the insurance
company to treat a victim fairly.
Unfortunately, the process can be lengthy, but the skill with which the
facts of your case are compiled and submitted can lead to a faster resolution.
Cases that are prepared with full supporting documentation, by a highly skilled
personal injury lawyer are far more likely to be settled fairly, within a reasonable period
of time. When the facts are clear, and fully documented there is little
the insurance company can do other than negotiate the actual settlement price.
We do all we can to move the process forward quickly, and we are personally
concerned about those we represent. We understand how badly the money
is needed, but we don't want you to accept an offer that is far too
low, as in some cases, these first offers do not even cover the loss of
income the victim has experienced, not to mention the pain and suffering
and other damages.
Let us review your case before you make a decision about what to do. We
can look over your situation and advise you about the length of time it
is estimated it will take to get your settlement paid. We advocate for
our clients, and we won't let you be victimized by the process.
Preston & Salango, PLLC to have your injury case reviewed.