How Long Does a Personal Injury Settlement Usually Take?

Although the specifics of your case will determine how long your personal injury settlement takes, many are resolved within nine to eighteen months. Even though personal injury cases that are resolved through insurance negotiations often resolve within this time frame, the timeline will be extended if you decide to pursue litigation. Though these timelines may seem reasonable, when you are waiting on compensation for medical bills and lost earnings, it can feel like a lifetime.

At The Law Offices of L. Morgan Martin, P.A., keeping clients informed of the timeline of a personal injury case is essential to helping them know what to anticipate. If you or a loved one has recently experienced a personal injury or accident, do not hesitate to contact our Conway personal injury attorneys.

Consultation with Our Personal Injury Lawyers

Following an accident or injury, your first call should be to our personal injury team. During your consultation, a member of our legal team will discuss the details of your case and evaluate whether you have a valid personal injury claim. At this time, our personal injury attorneys may discuss potential legal strategies to prove the other party’s liability. We may even discuss your initial medical bills. If possible, bring any itemized bills to your appointment. The meeting is left open-ended, allowing you to decide if our firm will meet your legal needs.

Submitting a Proof of Loss Form

SC Code §38-59-10 requires an insurer to provide a blank Proof of Loss form to the insured party within 20 days of being notified of the loss. Each insurance company has its own deadlines, many requiring that the forms be remitted within 60 to 90 days of being received. Our Conway personal injury attorneys are happy to review your insurance policy to determine if a Proof of Loss statement is required for your insurance claim, as well as applicable deadlines.

The information required on a Proof of Loss form may include:

• Policyholder name
• Policy number
• Property address
• Item insured
• Date/time of loss
• Total insured amount
• Total loss claimed

A Proof of Loss form typically requires your signature and notarization. As part of submitting a Proof of Loss statement, you will need to provide supporting documentation of the loss. In a car accident claim, this would include your medical bills, lost earnings, and vehicle repair costs. Any inaccuracies will result in your insurer returning the form to you for correction, thereby holding up the claims process. Having a member of our legal team review your paperwork can help to keep the process moving forward.

Investigation and Building Your Case

Investigating your claim allows our personal injury lawyers to begin building your case. The initial investigation can take anywhere from a couple of months to six months or longer. During this time, witnesses will be interviewed, spoliation letters will be sent, and evidence will be gathered. Our legal team will gather photographs/video of the accident scene, police or incident reports, and evidence of damages (i.e., your medical records and proof of lost earnings). All of this information helps us establish the wrongful party’s negligence and the damages you sustained.

Filing Your Claims Package

Next, our personal injury team will prepare a claims package to submit to insurance. Generally, evidence will be collected into (1) incident details, (2) documentation that establishes the other party’s liability, and (3) listed damages and financial proof of these losses. At this time, we will also prepare a demand letter that outlines the facts of your case, the damages you are seeking, the deadline by which insurance must respond, and the consequences that will be imposed if insurance does not comply.

Negotiations

During negotiations, the insurer and our legal team will attempt to reach a fair settlement. Although insurance companies often get a bad rap for offering lowball settlements and failing to respond to communications, such actions constitute improper claims practices in South Carolina. Even abiding by the law, insurance negotiations can take anywhere from a few months to a year or longer. Once your case is settled, you will sign a waiver releasing the insurance company from further financial responsibility regarding your claim.

Litigation as an Alternative Option

If negotiations are stalled or come to a standstill, our Conway personal injury lawyers may recommend taking your case to court. This process is expensive, time-consuming, and stressful, but it may allow you to get the compensation you deserve. Even if you go to trial, a settlement can still be reached up until the jury delivers the verdict. At The Law Offices of L. Morgan Martin, P.A., our team of personal injury lawyers will advise you on whether they believe taking a settlement is the right move, regardless of whether you are attempting to resolve your case in court or through out-of-court negotiations.

Contact Our Conway Personal Injury Lawyers Today

Suffering harm due to another’s negligence can be emotionally, physically, and financially devastating. If you or a loved one has recently experienced a personal injury, The Law Offices of L. Morgan Martin, P.A., is here to provide you with legal guidance. Our Conway personal injury attorneys are happy to review your case and discuss your options. To schedule your free consultation, our office can be reached online or by calling (843) 248-3177.