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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.

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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. 

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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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