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How Long Does It Take to Settle a Personal Injury Claim?

(Bachus & Schanker, LLC | Colorado's Injury Law Firm | Our Passion Is Justice)

(How long does it take to settle a personal injury claim?)

If the at fault drivers insurance company is paying you, they are paying you to release

their driver from any further responsibility and to have finality. So what we don't want

to do is go and try to settle the case before we know the outcome of your medical status,

of your wage lost status. People will ask us, how long will it take for me to get a

recovery? We have to say, well part of that depends on how long it takes you to get better,

and if you don't get all the way better, at least how long will it take before we know

how much better you are going to get? What we want for our clients is for them to be

invested in the getting better process. If they get invested in the getting better process,

they work hard to get better, they follow their doctor's instructions, they work through

that part of the system, with our assistance, and then they get to a point where they are

as good as they are going to get. Hopefully they are all the way better, sometimes they

are not. If they are not all the way better, then we at least can sit down, and we can

figure out what the future looks like for them. Only then is it appropriate in the vast

majority of cases to try to reach a final settlement. Very very rarely are there any

periodic payments because the at fault driver's insurance company doesn't have a contract

with you. has no relationship with you, they're concerened about letting their driver off

the hook, and you won't let their driver off the hook because you don't know what the outcome

of your situation is. So the timing generally is how longs it take before you get better,

and then once you get to that point, all of the documentation to support what you have

gone through has to be gathered together. All the medical bills, all the medical records,

all the documentation to support any wage lost, any other out of pocket expenses. It

has to be organized, put together, sent to an insurance company, they have to have an

opportunity to review it, consider it, look at the risk that you have created and then

the negotiation can start. Generally that negotiation process once it starts, may take

2 or 3 months to go from getting the information to the insurance company, to hearing back

from them, to going through the negotiation process, and at that point either the case

will settle or it will have to move into litigation. If it moves into litigation the timing for

a lawsuit may be up to a year.