When contemplating a potential personal injury claim, you likely have a lot of difficult questions. How serious are my injuries? How am I going to pay for my medical bills? What if I can’t go back to work right away – or ever again? How do I pursue compensation?
It’s a confusing, unsettling process for anyone who has ever been in this situation – leaving most to wonder when the end will be in sight. Once you begin pursuing a personal injury claim, while there is hope that you will be able to recover compensation, it can still be difficult to know how long the process is going to take.
There is a statute of limitations of three years for personal injury claims in Wisconsin, meaning you need to settle a claim or file a lawsuit within that time frame. That said, claims often settle within a year, but can also take 3+ years. It depends on several important factors, which we are going to take a look at here.
If you have any questions whatsoever about your situation and how to move forward, the personal injury attorneys at Boller & Vaughan are here for you.
Before we look at some factors that influence how long a personal injury claim takes to settle, it’s helpful to begin by understanding the personal injury claim process.
If you hire a lawyer after suffering an injury, it will start with an investigation where your attorney collects evidence, interviews witnesses, consults experts, and more. During this time, you will continue to receive medical treatment and follow your doctor’s orders.
Once your attorney has completed their investigation and calculated the cost of your damages, they will send a demand letter to the insurance company, which will likely turn into a negotiation. If the parties are unable to reach an agreement, you and your attorney will then have the option to file a lawsuit and take the claim to court.
Ultimately, you will need to be patient and trust the process – it will take some time to resolve. That said, how long, exactly, will depend on several factors. Let’s take a closer look.
No two personal injury claims are exactly the same. A variety of factors can affect the complexity and value of a claim, such as:
Some claims are simply more straightforward than others. What is most important is to find an attorney with knowledge and experience handling claims like yours. The attorneys at Boller & Vaughan have proven experience with a range of personal injury cases, including:
Different types of claims may also dictate the number of parties involved. For example, in truck accident claims, the trucking company’s insurance provider may be involved, which can add another layer of time-intensive complexity.
How severe your injuries – and others’ injuries – are may also influence how long the claim takes for a couple of reasons. One is that it may take some time to understand the full extent and cost of the injuries. The other is that it influences the next factor:
If a claim is potentially worth a lot of money, such as when there are severe injuries, it typically means insurance companies are more likely to fight hard against it. It may also take longer for your attorney to calculate how much your should demand in compensation.
While each of these factors can create additional complexities, there are other questions about your unique claim that will impact the time frame, such as:
If the answers to these questions are not immediately apparent, it could result in a more complicated claim that could take longer to settle.
Although many aspects of the personal injury claims process are out of your control, you may have the opportunity to make decisions that could significantly speed up the settlement process.
If an insurance company is unwilling to settle for the compensation you and your attorney believe you deserve, you can either file a lawsuit and take the case to court – which could significantly delay the conclusion of your claim – or you could accept a settlement offer to resolve the claim more quickly.
Ultimately, your attorney’s job is to help guide you through these key decisions to make sure you understand your options along the way so that you can make an informed decision that is best for you and your family.
Beyond accepting a lower settlement offer, there are other ways you may be able to speed up your claim, including collecting evidence and keeping all of your medical bills so your attorney can move more quickly. If they are slowed down while trying to gather all of the appropriate documentation to prove the extent of your injuries, it could easily delay your claim’s settlement.
One of the hardest things about dealing with an injury like this is that you just want life to get back to normal, or at least as much as possible. You want closure, a resolution, and the ability to move forward. And yet, at the same time, you should not struggle financially, psychologically, or emotionally without the compensation you need and deserve from the negligent party.
At Boller & Vaughan, we are here to help. We are passionate, caring personal injury attorneys who do everything we can to achieve justice for our clients by holding negligent wrongdoers accountable for their actions. And with more than 50 years of combined experience, we have the results to back it up. If you would like to speak with us about your situation, please get in touch with the Madison personal injury lawyers at Boller & Vaughan today for a FREE consultation. You can call us at (608) 268-0268 or fill out our contact form and we’ll be in touch.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
