How Long Does it Take to Get Paid on a Personal Injury Claim Settlement? Kelly Law Team

- Hi, this is John Kelly from Kelly Law Team.

I want to talk to you about how long it takes

to get paid in a personal injury claim or settlement.

These are online questions that I've been answering,

so let's get started here.

This is really for people that don't have a

lawyer or an attorney,

and a lot of it applies if you do have a lawyer,

but this is kinda some good pointers for people

who are trying to handle the initial parts on their own.

The first thing I want to make a point about is

getting hospital records if you did go to the hospital

and order it right away.

So what you wanna do is make sure that you contact

the hospital's records departments and tell them

you want full bills and records.

Hospitals, anymore, will take a long time to get your

records and you may be waiting three for four months,

believe it or not, to get those records.

They'll send you an invoice,

you may have to send them a check for the amount

that it takes them to produce copies of your records.

So, you wanna get that process started right away.

The other thing that you need to know is that when you're,

you're gonna have to wait typically until you're

done treating before you make your demand letter.

So that's something that is,

you may be treating for three months with care,

you know, you may have physical therapy, chiropractor,

you may have other things, orthopedic person involved,

it may be six months, it may be a year.

You don't necessarily want to settle your claim,

typically, until you're completely done treating.

So that will delay your case to a certain degree,

depending on how long you're treating.

After you're done treating with your providers,

or your follow-ups to the hospitals,

so if you went to physical therapy, for instance,

for three months, you'll want to request their full

bills and records that includes your last visit.

Then when you get all your bills and records together,

you need to put a demand letter together

to the insurance company that's applicable.

From there, after you put your demand letter together,

you typically are going to be giving the insurance

company 30 days to respond to your demand letter,

including all your bills and records.

Now, they may come back and we need a little bit more time

to review this, or they may follow up with you

and say there is some missing bills and records

and that kind of thing, so you may have to

extend it out from there.

After you get to the point where they've made

an initial settlement offer,

it can go very quickly from there.

You can negotiate that initial settlement offer

if you think it's not high enough,

you can make your arguments,

produce other documentation that you think is relevant,

but that whole process can be done in a couple of days

if you can get an adjuster on the phone.

Once you get the claim settled, you have an amount

that they've offered that you feel is fair,

you've decided to settle the claim,

you tell them, go ahead and send me that check

and a release, they're going to send you a check

with your name on it, they're also going to send you

a release that's going to tell you that by

in accepting this check and releasing them,

you no longer have any rights to go after

the person that injured you or the insurance companies

that are related in any way regarding that accident.

So, they'll want that before they all actually get you

the full funds from the check.

After you have that check,

you're on your way to the bank with that, really.

So, typically I would say two to three months

after you're done treating is about average.

Now that is if your injuries aren't very severe.

We're talking more soft tissue type of injuries,

if you do have a more complicated case,

and you have liens involved,

which a lot of these personal injury cases do,

those can take some time to resolve,

especially if Medicare is involved.

Typically in that kind of situation,

if you have liens from hospitals and Medicare

and healthcare providers involved,

you may want to contact an attorney at least to

get some information about how to resolve all those

because the last thing you want is for you to think

you're on your way with your money from your settlement

check and then get another bill in the mail from

your healthcare provider saying that they have the right

to be reimbursed.

So I hope this helps for people out there.

If you have any further questions about this,

please contact me.

You can reach me at the Kelly Law Team.

The number is 602-283-4122.

Thank you.