How long will my accident case take?

What Is the Average Time for an Accident Settlement?

We get asked this question a lot — how long will my case take? First of all, the statute of limitations (deadline you have to file a lawsuit by) is two years. In other words, you have exactly two years from the date you were injured to file a lawsuit for your injuries. You can count on that lawsuit filing deadline no matter what.

Aside from the certainty of the statute of limitations, no two personal injury cases are exactly alike. Sure, some cases are similar to others. But I would be willing to wager that no two identical personal injury cases have ever existed in the history of the world. This is because each body is unique, and each situation that harms the body is at least slightly different than the most similar instance in the past.

Since each personal injury case is unique, each personal injury case comes with a unique timeline. There are many moving pieces to contend with:

Your treatment is based on your body and your health. The time it takes for you to complete treatment depends on how you feel. Each person responds to treatment differently. Your doctor will monitor your progress and make suggestions based on what she sees. If you aren’t very hurt, maybe a month or two of physical therapy will be enough for you to be back in the condition you were in before the accident. If you are very hurt, it could take the full two years you have to file a lawsuit for your bodily injuries, and you still might not be feeling better yet.

After you finish with treatment, it will take at least a few weeks, and at worst months, for your doctors to provide all of the necessary records and billing. It will take Cefali & Cefali a week or two to write your demand, and we give the insurance company a two-week deadline to respond. From here, there are three routes your case can take:

First, your personal injury case might settle right then and there for the policy limits. If that’s the situation, we’ll have to negotiate with, and pay, your medical providers. Depending on the situation, this can take anywhere from an hour to a year. If your health insurance is involved and you saw a lot of doctors, plan on it taking at least three months to sort out.

Second, the insurance company might give an offer that isn’t acceptable, but is large enough that it is worth attempting to negotiate. Cefali & Cefali will then engage in a back-and-forth with the insurance company. If the insurance company comes up to an acceptable number, we’ll settle your personal injury case. This process usually takes around a month. Be aware, after negotiations with the defense insurance, we’ll still have to negotiate with, and pay, your doctors as described above.

Third, the insurance company might give an offer that isn’t anywhere near acceptable. In this situation, we’ll be forced to file a lawsuit. Personal injury lawsuits can take years, so be prepared for the long haul. Only about 10% of personal injury cases require a lawsuit to be filed, and only about 3% of personal injury cases make it all the way to a jury trial.

We hope this helps you understand what goes into how long a personal injury case can take. If you’ve been injured in an accident, don’t wait. Call Cefali & Cefali today and get yourself one of our famous free consultations!

The first week after a car accident

Important Steps to Take After a Car Crash

The first week after a car accident is a critical time. Depending on the mechanics of the accident and the intricacies of your body, your condition could range from feeling so bad you can’t move to not feeling any pain yet at all. The first week following the accident can set the stage for the rest of your case. It is important to be mindful that what you say and do will affect your rights later on. By following a few simple rules, you can ensure that your health and your case won’t be needlessly compromised:

Many people wait far too long to go to the doctor. If you are feeling sore, out-of-it, abnormally tired, or “off” at all, don’t put off going to the doctor for even a moment. Take an ambulance from the scene of the accident to the emergency room. A brain or spinal injury can be devastating, and by putting off going to the doctor, you could be wasting moments critical to an smoother recovery. Many people worry about the cost of an ambulance. If an ambulance ride means a brain bleed is detected five hours sooner, it’s well worth the potential expense.

In fact, even if you are not experiencing acute symptoms after the accident, it is still probably best to at least go to your local urgent care. There a medical doctor will examine you, probably perform x-rays, and probably prescribe NSAIDs and muscle relaxers. If the x-rays and doctor’s exam don’t reveal any urgent issues, you’ll likely leave with a recommendation to follow up with your primary care physician.

Unless you need to leave via ambulance, wait on scene until law enforcement arrives. When you’re asked, tell the officers what happened in a calm manner. The questions that are asked on the scene of an accident can be frustrating. Don’t let yourself get frazzled. Remain calm, let ice flow through your veins, and get your version of the facts out there.

The defendant’s insurance company is going to press you for a recorded statement. They’ll catch you really early on, before you have the opportunity to speak with a lawyer. They will tell you that your participation is very important. In reality, it is important that you do not give the defendant’s insurance company a recorded statement.

While I am sure you are an honest person, the insurance company will make you look like a liar later on with your recorded statement. In the recorded statement, the insurance company will ask questions that are designed to elicit responses that minimize the accident and your injuries, and call your liability into question. Then, after you have had time to appreciate the full effect of the accident on your health and your finances, they will throw the answers you gave in the first week after the accident in your face.

As an aside, YOUR insurance is likely entitled to a recorded statement, so make sure to only refuse the defense insurance requests. If your insurance asks, you probably will need to reschedule a different time to do it. During that time, it would probably be best to speak to a San Juan Capistrano car accident lawyer before your next move. Cefali & Cefali would be happy to do one of our famous free consultations!

Do not provide the defense insurance company with medical authorizations. They will tell you that it’s the only way for them to evaluate your case. Don’t buy it. At Cefali & Cefali, we obtain all of our clients’ medical records and bills, and redact any private information regarding their health insurance or other personal information not relevant to the claim. This protects the value of the claim, and puts the car insurance company on their heels.

The defense is always eager to know about your health insurance information. Don’t share it. The only reason they want to know is health insurance companies get deep discounts on hospital and other medical bills. By telling the car insurance company you have health insurance, you let them in on a valuable piece of information that they are not entitled to before a lawsuit is filed. At Cefali & Cefali, we keep all of our clients’ personal information confidential, and this is true of their health insurance information too.

Your instinct is going to be to move too fast to get your car fixed. In this initial, rushed exchange between you and the defense insurance, it is easy to let out too much information. If there was a police report taken, there is absolutely no point in speaking with anyone at the defense insurance company until you have the police report in your hand. It sucks your car will be out of commission temporarily, but that will pass. It’s important you don’t get fooled into doing a recorded statement with the false hope that your car is going to get fixed faster if you do.

If you were involved in an accident, or have a friend or family member who was, make sure to speak with a car accident attorney in San Juan Capistrano about the case. At Cefali & Cefali, we have our famous free consultations. We would be happy to go over what happened with you and at least arm you with information about what things will look like moving forward. Give Cefali & Cefali a call today.

Six tips to double the value of your personal injury case

6 Ways to Increase Your Injury Settlement

This is a guide for the average person to handle a minor personal injury case on their own.

Never Admit Fault

It’s easy to want to apologize at the scene of an accident. An apology alone is fine. It’s when you elaborate on your apology that you get yourself into trouble. A simple “I’m sorry this happened” will communicate you’re a decent human being without forfeiting any of your rights.

Never Give a Recorded Statement

The insurance company is going to come at you loaded for bear. One of the first things they’re going to do is try to get you to do a recorded statement. Unless it is your own insurance, you have no obligation to provide a recorded statement. In fact, you definitely should not. The insurance company’s goal is to set you up to make you look like a liar later. Don’t give them the opportunity.

Go Straight to the Doctor

Odds are, you’re not a medical professional. The body is a very sensitive machine. Sometimes it takes a while for injuries to manifest. Sometimes a medical professional will be able to identify an issue that isn’t even apparent to you yet. For your own safety, and the integrity of your claim, go see a doctor right away. Usually an Urgent Care visit is just fine. You’ll probably get x-rays, muscle relaxers, and anti-inflammatory medication. They’ll likely recommend you follow up with your primary doctor. However, if the x-ray or physical examination reveals something more serious, you might be sent to the Emergency Room.

After your initial visit to urgent care, follow up with a chiropractor. By this time, you’ll probably be feeling sore. Let the doctor give you adjustments for a few months to see if your symptoms improve. If they do, then it’s time to demand your case.

Do Not Give Medical Authorizations to Car Insurance

After you’ve finished your chiropractic treatment, you’re going to have to write yourself a demand. The first step in doing so is obtaining your own medical records and bills. You can get them from the urgent care and chiropractic office you visited. Make sure you block out all of your health insurance payments and information. The car insurance company is going to act like they’re entitled to your health insurance information. In a pre-litigation setting like you’re in, they are not.

Write a Demand

Write a short demand that’s to the point. Describe your pain and suffering, but don’t draw it out too much. They need to know what time it is, not how the clock is made. Make your demand time limited — I like to give them two weeks to accept it. Demand the policy limits. List your medical bill dollar amounts. Attach copies of your records and bills.

Don’t Talk to the Adjuster on the Phone

The adjuster is going to try to call you and tell you all kinds of lies about all the reasons he or she cannot respond to your demand. Let the calls go to voicemail and wait until the demand expires to talk to them. If you send them a demand and they ignore it or don’t accept it within the stated time, you need to talk to a lawyer. Depending on the circumstances, a lawyer can give them a sound spanking for that and make them really pay.

If you’ve tried to handle your case on your own and you feel like you’re in over your head, give us a call at Cefali & Cefali! We’d be happy to give you some free advice or get you out of a jam.