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Why Personal Injury Claims Take Longer to Settle: A Step-by-Step Explanation

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Some accident victims hesitate to start a personal injury claim. After all, they have heard they take a long time to win. Others begin the legal process but become increasingly discouraged as time passes.

Settling personal injury claims involves several stages, each with its challenges. Understanding the steps involved can help you feel more in control and less anxious.

At Grover Law Firm, our experienced attorneys have seen firsthand how preparation and informed decisions result in quicker and better case outcomes. We want to help you maximize your chances of a successful personal injury lawsuit. With a resourceful accident lawyer, you get professional guidance at every step. 

Avoid Time-Consuming Missteps 

How long does it take to settle a personal injury claim? Many factors weigh into the answer, but some of these are avoidable. Mistakes made at the beginning of a personal injury lawsuit can significantly affect the resolution. 

At the accident scene 

Passing time can erase accident evidence forever, especially if aided by heavy rain or a diligent road cleaning crew. Following these steps immediately after a crash can fortify your personal injury case later.

Exchange information, like contact and insurance details, with all people involved, including witnesses. If a driver refuses, note his or her license plate number, vehicle characteristics, and physical description. Document the scene with photos.

According to Alberta law, you must report to the Online Collision Report System if the involved vehicles have $5,000 or more of damage combined. Other provinces might have lower thresholds. 

Call 911 for emergency medical attention for serious injuries, dangerous circumstances, and fatalities, or dial the non-emergency line if the accident involves:

  • Drivers transported to the hospital for any reason
  • Injured pedestrians or cyclists
  • Non-moving traffic violations (e.g., hit-and-run collisions, expired registration or insurance, unlicensed drivers, wrong license classes)
  • Vehicles transporting dangerous goods
  • Large commercial vehicles like school buses or tractor-trailers
  • Impeded or dangerous roadways
  • Damage to private, municipal, or highway property

Remember that what you say and do can be used against you. Don’t talk about fault or liability. Do not pay for damages or accept money. A personal injury lawyer can guide you through the settlement process and help you avoid common errors.

When dealing with insurance companies 

Some provinces use a no-fault system. Others hold the driver who caused the accident responsible for covering the damages. Reporting the collision promptly to your insurance company is necessary, regardless of fault.

Yet, accident victims must realize that this is a sensitive task. Insurance companies are a source of compensation. However, they also can save money at the expense of the injured party. 

For instance, suppose you make a small error on your paperwork or leave out an important document. These preventable missteps could change a few weeks of processing time into a few months. Why add stress and frustration to an already difficult time? 

Your lawyer can help you understand your policy. He or she can communicate with insurance companies to ensure that your insurance claims are complete, accurate, and timely. 

Regarding your medical care

Getting medical treatment after an accident is essential, even if you do not feel injured. Some injuries, such as whiplash, internal damage, and head trauma, may not show symptoms immediately. Delaying treatment could not only worsen your condition. Worse, it can complicate your personal injury claim. 

Sometimes, you can choose your doctor. Workers’ compensation insurance or your health insurance plan might require you to choose a specific medical provider. In non-emergency situations, ask for a list of candidates. 

Transportation accidents generate some of the highest injury-related costs in Canada, according to a 2021 report. Insurance companies often require medical records from your initial visit and follow-up care. They use them to verify your injuries and determine a fair settlement amount. How can you avoid out-of-pocket costs and expensive health insurance deductibles? 

Keep receipts and detailed records prove your medical costs, including:

  • Emergency room visits
  • Ambulance fees
  • Diagnostic tests (X-rays, MRIs, CT scans)
  • Prescription and over-the-counter drugs
  • Physical therapy and rehabilitation sessions
  • Specialist consultations (orthopedic surgeons, neurologists)
  • Medical devices
  • Transportation to and from appointments 

Write down your daily pain and suffering. Your lawyer will rely on your careful records to connect your injuries to the accident and calculate your losses. 

Expedite the Personal Injury Law Process

In most cases, specific steps of a personal injury claim cannot be avoided. Working with a lawyer can reduce time across the entire process.

Suppose an insurance company offers you a quick settlement. It might not be the best outcome for your claim. Accepting a low offer could leave you in a bad situation. Later, you might be without the financial resources to cover future medical bills or lost wages.

Rather than lose what you deserve to settle early, why not allow your lawyer to negotiate on your behalf? An experienced personal injury attorney can ensure that your settlement reflects your injuries, expenses, and long-term needs. 

He or she can take the following steps to settle your claim as quickly as possible:

  • Gather evidence, including medical records, accident reports, and witness statements, to support your injury claim
  • Review applicable insurance policies to identify what your plan covers
  • Send a demand letter to the responsible party’s insurer, outlining the damages and seeking compensation
  • Work with expert witnesses (e.g., car accident reconstruction specialists) to prove liability if the parties dispute fault
  • Negotiate with the other parties and their legal team to resolve legal issues and pursue maximum damages 
  • Prepare for trial if negotiations fail, including securing a trial date and building a strong case to present in court

By handling these steps efficiently, your personal injury lawyer can navigate complex disputes. His or her resourcefulness can often resolve your claim without unnecessary delays.

Accelerate Settlements With an Experienced Personal Injury Lawyer 

The timeline to settle a personal injury claim depends on many factors, two of the most important being the case complexity and the value of the damages.

For example, suppose a single driver rear-ended you. The fault might be more straightforward to determine than if multiple parties hit each other in a pile-up car accident.

Oftentimes, claims involving extensive damages or severe injuries take longer to resolve. Insurance companies are less likely to pay these costly settlements without a thorough review. In some cases, insurers may delay payment until the legal pressure of a trial date moves them to action.

At Grover Law Firm, we value balance. Our trial lawyers build thorough and well-supported claims. We aim to ensure our clients receive fair personal injury settlements in or out of court.

Personal injury law deadlines provide another reason to act fast. The Limitations Act in Canada sets deadlines for pursuing damages. These deadlines vary by province. If you delay too long, you could lose your right to pursue compensation.

Why take the chance? Our lawyers advocate for our clients and aim for speedy resolutions from the beginning of the process. Contact us to learn how to settle your claim as soon as possible by calling the number on your screen. Life-changing results are worth the wait. 

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    I was in a motorbike accident 3 years ago. Not my fault and not knowing what to do, i was recommended from a friend to give Steve Grover a phone call and talk to him. Being a young man i was scared, injured and just having a baby girl of my own, i was in the darkest point of my life. Not knowing if id walk again, or how well at least. I took a leap of faith and called Steve for some advice. Not only did he fly down from Calgary to Kelowna where i reside, he went with my Dad to the scene where it happened and showed full interest in my story and my side of the case. I was in a wheelchair, not walking or able to shower on my own but knowing that in the end things were going to be alright, i trusted Steve to take on my case. Well, after 3 long years, it is all finished. I am feeling as good as i can feel with my current condition and am able to have a fresh start at life with my new family. Thankyou Steve and Jane for working with me and showing you cared about me and my outcome. 10/10
    Professional, courteous and easy to deal with. Would recommend 10x over.
    Grover Law Firm is an excellent law firm and I highly recommend them.