How Long Does it Take to Get Paid on a Personal Injury Claim Settlement? Kelly Law Team
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- Опубликовано: 5 окт 2024
- In this Google hangout, personal injury lawyer John Kelly explains how long it typically takes to settle a personal injury claim. If you have additional questions, feel free to post them in the comments section below.
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Transcript
Hi, this is John Kelly from Kelly Law Team. I want to talk to you about how long it takes to get paid in a personal injury claim or settlement. These are online questions that I've been answering, so let's get started here. This is really for people that don't have a lawyer or an attorney, and a lot of it applies if you do have a lawyer, but this is kinda some good pointers for people who are trying to handle the initial parts on their own. The first thing I want to make a point about is getting hospital records if you did go to the hospital and order it right away. So what you wanna do is make sure that you contact the hospital's records departments and tell them you want full bills and records. Hospitals, anymore, will take a long time to get your records and you may be waiting three for four months, believe it or not, to get those records. They'll send you an invoice, you may have to send them a check for the amount that it takes them to produce copies of your records. So, you wanna get that process started right away. The other thing that you need to know is that when you're, you're gonna have to wait typically until you're done treating before you make your demand letter. So that's something that is, you may be treating for three months with care, you know, you may have physical therapy, chiropractor, you may have other things, orthopedic person involved, it may be six months, it may be a year. You don't necessarily want to settle your claim, typically, until you're completely done treating. So that will delay your case to a certain degree, depending on how long you're treating. After you're done treating with your providers, or your follow-ups to the hospitals, so if you went to physical therapy, for instance, for three months, you'll want to request their full bills and records that includes your last visit. Then when you get all your bills and records together, you need to put a demand letter together to the insurance company that's applicable. From there, after you put your demand letter together, you typically are going to be giving the insurance company 30 days to respond to your demand letter, including all your bills and records. Now, they may come back and we need a little bit more time to review this, or they may follow up with you and say there is some missing bills and records and that kind of thing, so you may have to extend it out from there. After you get to the point where they've made an initial settlement offer, it can go very quickly from there. You can negotiate that initial settlement offer if you think it's not high enough, you can make your arguments, produce other documentation that you think is relevant, but that whole process can be done in a couple of days if you can get an adjuster on the phone.
Thank you so much for this valuable info. I'm dealing with s broken knee cap caused by a driver as I was biking in a crosswalk with right to cross- driver hit my left side body. Only has Liability insurance, offer I believe is too small but lawyer says he has no assets to sue in personal form. I'm stuck now in physical therapy after months of excruciating pain in leg. Doing better, and insurance covered knee surgery. But I've yet to sign the release offer ..... Lookn for more info on a personal suit. Be safe yall. Lawyer up.
My personal injury lawsuit (for a spinal fusion surgery) took 4 years until a settlement agreement was reached. Once the agreement was reached, I received a check about 2 weeks later, less the attorney fees and some bills.
Your the only one to explain thank you 🙏🏾
Thanks for sharing the video
Ii don’t understand waiting till treated off I’m partially paralyzed and suffered a stroke
Hi I’ve been waiting on a Respidal lawsuit claim since 2016 they say the deadline for them to get to payout for my case is between now till next December 2023 it’s a $8billion dollar verdict only 10,000 people on the case my lawyer in Houston,TX & court in Philly they told me I’m not in a class action I’m individual they’re waiting to review my case & a offer & I’ve been taking Respidal since 1998-2017 they said they have all the documents and info they need and my case is strong
How about a drunk driver case
Did you ever find out
Hello Mr Kelly !! Thank you for your helpful videos. I am her in California we love you very much!! Wish you were here. Hope you could merge to California millions of us watch you. Also thank you to Haley and Kyle or Katie the paralegal for listening.
I have a lawsuit that’s in its 9 year now it’s a case we’re I had to get operated on my neck my lawyer keeps on saying that the case is in court and every time I get a date it gets postponed this is been goin on forever they offered me a settlement 2 years ago and it’s been nothing since what can I do I think my lawyer is taking me and my other 2 friends on a ride
Mr. Kelly Law does going to Chiropractic twice a week, increase settlement each week and month?
I'm not mr. KELLY but yes to your question.
I'm being seeing a chiropractor since January and now I'm in April it's about 4 months of visiting the Chiropractic twice a week non stop. Should I stop or should I wait till my lawyer till me stop. I remember my lawyer told me the person who hit my cars has a $50000 in bodily injury and 5,000 in medical bills if I'm not mistaking will my lawyer get 33% of that and how much will that leave me with?
@@quentinlafleur6056 All depends on Your countries law right down to the state you live in As each state carries diffrent laws Its not your lawyer that decides on your medical needs Its your doctor. Stopping treatment against the will of a doctor Will hurt your case. Defendant simply says You stopped going for help there for you no longer have a injury In my country a Lawyer will get 33.3% of the claim However They do not get apart of loss wages Or Pain and suffering which in most cases is x3 to x4 the overall amount over the claim depending on Surgury/scaring/disabilty The amount covered by the insurance is not the end of the lawsuit
5 years
how long does it take for your check to arrive after you settled your case
It can very depending on the insurance company that you settled with. Often, I will find out if the adjuster is local and have a paralegal go pick the check up from the adjuster the same day. If they are out of state, it may take up to a week or so to get the check via snail mail. You will want to continue to bother the adjuster about making sure the check was mailed out to you.
thank you... I settled in May 5,2018. and I still haven't received anything.. I called the attorney and he hasn't answered my calls
Jose Davalos when did you get involved in accident ?
I was in accident in a Uber Jan 3 2018 been done all my therapy doctors bills have already been paid how much longer should it be before I get a offer ????
Did you get an offer?
Yoo update
what does your lawyer get a 33% of ?Is before or after the bills.i feeling like my lawyer is ripping me off.
He will charge you if he win the case but if not it will be no charge
Ahmed Mohammed if we win does he get paid before or after the bills are paid?
I understand your questions so he will charge you the 30% after the bills is full paid.
Ahmed Mohammed thank you so much for that information.
Here in Chicago they take a 33% of the settlement first then pay your bills and the client takes the remainder.and i have the severe injury.
My lawyer took all my money sold not give me a brack down where the money went
Hi Harry, your lawyer should absolutely be giving you a breakdown of where every penny went in your case. You should ask for the settlement sheet. If they cannot provide this you can always complain to the state bar association.
After waiting for almost 6 years my attorney is trying to give me $1,000 dollars on a $17,500 cash settlement. Do you recommend for me to sue my attorney? I don’t know how long he’s been having that check and he wants to get a 40 percent off the entire amount and then pay hospital and other doctors fee from my 60 percent
It sounds like your attorney filed a lawsuit in order to recover your settlement. I cannot tell if the fee is fair without getting more facts. I would suggest sitting down with your attorney and have them explain the distribution in detail. You may be able to request that they reduce the attorney fees and help get reductions in your medical bills.
What state are you in
I had a head injury(TBI) at work. Work insurance started paying me but it’s very less than I earned before the accident. Do I have to hire a lawyer? What should I do?
Thanks
It would be a very good idea to find a workers compensation attorney in your city. There are often ways in which your attorney could petition the court for further benefits to you. You may find out that you are not getting the amount that you could get if you had the right arguments. You would need to at least consult with an attorney to see if you have that opportunity.
Kelly Law Team Thank you very much.
You would want to consult with a worker's compensation attorney in the city where the accident happened. They will let you know if your employer is providing the right amount of compensation. Keep in mind, that often the workers compensation laws do not require employers to fully compensate the previous wages, typically only a percentage. Each state has different laws.
I had a tbi too and a stroke