When it comes to filing a personal injury claim it could take awhile for to honor a claimÂ and for a settlementÂ reached. During this time an individual could have questions regarding their claim and the process that they aren’tÂ getting answers to. Here are some commonly asked questions along with some answers that could be on a claimants mind:
How long does it take for a case to settle?
First, both sides need to know the extent of the injuries. This will include looking at all medical records regarding medical treatment due to the accident. Second keep in mind that the settlement is baseÂ on the initial injuries resulting from the accident, not due to other conditions that could result from it down the road. Injury cases aren’t settled over night, mainly because insurance companies want to try to get the individual to lower the settlement amount.
If it’s not clear who is the blame will the case be effected?
If the individual filing the accident report isn’t exactly clear on whether or not they were at fault it could lead to them losing the claim. In an insurance claim an individual who files must be able to give proof that their injury was due to the negligence of the other party. Although, in some cases even if the individual can be proven to be partly at fault they can still be given a reduced settlement none the less so a claim can still be filed.
In an accident case should an individual settle out of court or go forth with the case?
There are other factors to take into consideration. Especially when it comes to going to court. Such as the cost of a trial. In some cases if the claim is small and individual knows they could be partly to blame, the best course of action is to settle out of court. The best things for the individual to do is weigh the options carefully to decide if going forth with the case is necessary.
The Law Offices of Joseph M. Tosti has years of experience in this practice area and can be of further assistance.