This is by far the number one question we get from clients after they have had a car accident, followed shortly thereafter by how much is the claim worth and how to report it. The answer, of course, is going to be that it depends.
Liability
If the other driver and their insurance company agree that they are responsible for the accident, then your claim will resolve more quickly than if they blame you for the accident. That seems obvious, but often times, clients believe that the other driver is 100% responsible for the car accident and cannot fathom how the other driver could dispute what happened. But they do.
Even if the other driver says they caused the accident, their insurance company will look for ways to shift some of the blame onto you. Even before your attorney demands money from the other driver’s insurance company, they should negotiate to have you accept as close to 0% responsibility for the accident as they can, so that when it is time to settle the whole claim, that part has already been handled.
Treatment
The portion of the claim that takes the longest is going to be your treatment. If it takes you a month to finish treating, your claim will wrap up much faster than if you take 9 months to finish treating. You know your body better than anybody else, so you will have the best idea of when you are as close to normal as possible. Sometimes, this is really easy to figure out, but other times, especially if you have a permanent injury, you have to figure out at what point are you treating to cure your symptoms and at what point are you maintaining your symptoms.
Typically, if there is treatment you can get that will fix your problem, you should pursue it before you settle. If your injury is not going to improve, then your attorney should figure out what the cost of maintaining your body will be over your lifetime.
The Demand
Once you’ve told your attorney that you are back to normal or as close as you can get, then it is time to collect your medical records, bills, and any other evidence you want considered to make a recovery. It usually takes two to four weeks to get your records once you’ve completed care, but sometimes, it takes longer. Once your demand packet is put together and you’ve sent it off, you should expect your attorney’s office to hear back from the insurance company within four weeks.
Summary
The easiest way to answer the question of how long will my claim take is to add about two months on to however long it takes for you to recover. In the meanwhile, your attorney should be putting in place everything else that you’ll need to prove up your claim. Remember though, if the other side doesn’t come up with enough money to take care of you, then you will need to sue them, which will add a lot more time.
If you have any issues, call or text us at (612) 465-8733 for a free consultation with a Minneapolis car accident lawyer. We offer free consultations to hear your story, answer your questions, and develop a plan to get you the compensation you deserve.
