Many people have the same question when they go to a personal injury attorney in Colorado for an initial consultation: How long does it take to settle a car accident case, and how long does it take until a settlement is reached? When do I receive the money for my injuries, pain and loss? At Firouzbakht Law Firm, we have the same answer any reputable accident attorney would give: that depends on from case to case. However, we can tell you with confidence that you will have better chances to reach a personal injury settlement in more favorable terms for you if you let an experienced attorney negotiate with insurance companies on your behalf.
Car accident victims are approached by an insurance adjuster very soon after the incident, when they are still confused, in pain and vulnerable. They use various intimidation techniques to determine you to settle quickly. They will tell you that:
As you lay in your hospital bed, you are in no position to think clearly and assess whether the amount the insurance company offers you covers all your losses and damage, let alone the pain and suffering you endure. A personal injury lawyer in Denver will have the right arguments to counteract these tactics and ensure that you get fair compensation.
And these claims are supported by two different studies prepared by the Insurance Research Council. In one study, the IRC found out that in 85% of cases when an insurance company settled an injury claim, the party hired an injury law firm. In the other study, they found that settlements paid to traffic accident victims are 40% higher if an attorney negotiated on behalf of the injured party.
Unfortunately, the state of Colorado does not have statutes imposing a time limit for an insurance company to reach a settlement with victims of auto accidents and pay damages. However, insurers cannot wait as long as they want to pay for your medical expenses, loss of income and other damages. The injured person has the right to file am insurance bad faith claim if the insurer delays the pay-out without valid reasons.
An experienced car accident attorney will present you all the options you have, including taking the insurance company to court if the settlement negotiations fail. Such lawsuits can last for a few months, but in the end you may get the maximum compensation allowed by the law.
On the other hand, there are a limitations filing deadline for a personal injury claim: two years after the incident occurred.
There are several reasons why no experienced lawyer would give you an "average" settlement time upfront. All auto accident settlements negotiated by Firouzbakht Law Firm had specific circumstances, from minor car accidents, to pile-ups involving several vehicles and trucks. These are the key elements that influence the duration of a settlement negotiation for accident injuries:
An experienced accident attorney in Colorado knows that a clear assessment of your total hospital bills and long term care costs cannot be assessed in a short term. In some cases, it takes weeks or months until the patient reaches the so-called maximum medical improvement (MMI). This is the moment when your doctor can confidently attest to the fact that you are not expected to make further recovery from your current condition.
Many insurance companies rely on the comparative negligence rule stipulated in Colorado Revised Statutes 13-21-111 to shift a large proportion of the fault for the accident on the victim. The at-fault driver and insurance company would not have to pay damages at all if you are more than 50 percent responsible for the accident, according to this principle.
This is where a skilled car accident attorney steps in to present the true nature of the event that lead to your injuries and loss of quality of life. However, it takes time to complete all the necessary steps, such as:
Any reasonable settlement for personal injury claims contains two specific categories of damages: economic damages and noneconomic damages. Economic damages can be quantified with a fair degree of accuracy, because they include:
The noneconomic damages undocumented losses, more complicated to calculate, but an experienced Denver accident lawyer will present convincing evidence for:
Finally, the negotiations themselves take time. Both your lawyer and the insurance adjuster know what type of settlement they want to reach. However, each party will make offers and counteroffers until an agreement is reached. Of course, in some cases no such agreement is possible and the lawyer will advise you to file a personal injury lawsuit against the party at fault.
In any circumstance, from a minor accident to a car crash resulting in catastrophic injuries, you must follow medical advice to the letter. Any action or inaction in this respect is deemed failure to mitigate damages and the insurance company will use it to deny pay-out. Such circumstances include:
Any of these issues will influence not only the result of negotiations, but also the jury verdict in a potential trial.
In many cases, car accident victims prefer to conduct their own settlement negotiations because they believe that they cannot afford a lawyer. in reality, personal injury attorneys work on a contingency fee basis. What does this mean? This type of agreement is based on the understanding that they lawyer gets paid only if they win the case, out of the settlement amount.
This means that you do not have to pay any advance amount for consultations leading to negotiations or filing a personal injury lawsuit. At the same time, the legal team is motivated to win the maximum compensation for you.
At Firouzbakht Law Firm, we use knowledge of the law and our extensive experience to fight insurance companies that try to intimidate you into settling for less than what you deserve for your pain and suffering. We have impeccable work ethics and genuine compassion for each client we advise and represent.
We know that car accidents can happen at any moment, so we are available 24 hours per day, 7 days per week for a free case evaluation. Fill in our contact form or call us: 201-555-0123!