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Frequently
Asked Questions
Q: How
long will it take to recover a settlement or award?
A: Generally, the
length of time it takes to maximize the recovery potential of your
case depends on four factors:
The type of
injury you have. Minor injuries settle quickly in
comparison to injuries resulting in long-term disabilities,
impairments. At a minimum, it takes a minimum of one year without
significant medical improvement for the legal and insurance
communities to acknowledge that you have a "permanent
injury". See Table
B.
Whether the insurance company wants
to settle or defend a lawsuit. A
large majority of cases settle without the need of filing a lawsuit.
Taking a case trial takes several months, and often a few years, not
to mention expenses. An expedient alternative to all-out litigation
where parties do not agree is binding arbitration, where a mutually
agreeable judge or experienced attorney reads a submitted brief and
takes limited testimony. Table
C summarizes our experience and the time it takes for
negotiated settlements and arbitrations.
The overall
value of the case. Generally, the more that is at stake,
the more vigorously the defense from insurance carriers.
This is graphically depicted in Figure 2, below.
Click
here or on Image for a Larger Pictures
Whether the client is in a position
to wait for a recovery. The longer one is in a position
to wait, the higher the recovery, as shown by Figure 3, below.
Click
here or on Image for a Larger Pictures
Insurance companies often rush to
settle because they know that arthritis and other secondary injury
symptoms do not show up for a long time. We help you evaluate when
is the appropriate time to settle or hold out given your
circumstances.
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