Personal injury claims are very unpredictable, therefore it is nearly impossible to anticipate the outcome or amount of time it will take to settle your claim. When you are starting the process of a personal injury claim it is natural to wonder how long the process will take. If you have injuries from an accident, you will want the process to come to a conclusion with a favorable outcome as fast as possible as you may need the money to help you with your expenses, especially if you’ve been out of work due to the injuries.
Statistically, you will increase your chances of obtaining the maximum settlement when you have an experienced Janesville personal injury lawyer providing you legal representation versus trying to represent yourself. You will also experience much less stress with professional legal representation as well. A qualified legal professional will understand what your case is worth and will be able to calculate a full and fair settlement amount.
What to Expect After a Settlement Demand Letter is Sent
When preparing your settlement demand letter, you must include all the costs associated with the medical treatment you received for your injuries after the accident. You will also need to include a demand for other damages including pain and suffering, property damages, and missed wages if you were unable to work due to your injuries. Your Wisconsin personal injury attorney will examine your case details, draft a settlement demand letter, and send it to the at-fault’s insurance company.
Once you have started the personal injury claim process you will either settle out of court or go to trial. The difference in negotiation and settlement versus going to trial will play a major role in how long your claim will take to complete. After the at-fault’s insurance company receives the settlement demand letter, they typically have 30 days to respond to the demand and deny or accept the settlement offer.
It is common for insurance companies to reject your first settlement offer or demands. Their responses may include, but are not limited to the following:
- The insurance company is not accepting full liability
- They do not believe that their client was at fault for the accident
- The settlement amount you are requesting is too large
- They have not received enough proof to substantiate the damages you are claiming in the settlement offer
- They will also question your injuries and may say that the treatment you received was unnecessary
- They may claim that your injuries were a pre-existing condition and not due to the accident
Your lawyer and the at-fault party’s lawyer will go back and forth negotiating. If they can’t come to an agreement, a suit will be filed. Your Rockford automobile accident attorney will handle all communications and negotiations for you. As a part of the trial process, there will be a discovery phase where each side can request documents, such as medical documents proving the claims for each side. Opposing counsel may also request you be evaluated by a neutral third-party medical professional for a second opinion. They will also call witnesses to the office to record official statements.
Find a Wisconsin and Illinois Personal Injury Attorney
The lawyers at the Alexander J. Smith Law Offices have the knowledge, tools, and experience to guide you through the complex personal injury claim process. Call the Wisconsin and Illinois personal injury attorneys at the Alexander J. Smith Law Offices today to set up a free consultation at (608) 237-7035 for residents of Wisconsin or (815) 243-9686 for residents of Illinois.