Get a Personal Injury Settlement Check
How long it takes to get a personal injury settlement check ultimately depends on your situation. The severity of your injuries, the cost of your damages, and the liable insurer all play critical roles in your case’s progression.
If you request compensation through your personal injury protection (PIP) coverage, the insurer must deny or pay your claim within 30 days, per Florida Statutes § 627.736. However, not all insurance companies act in good faith. If you have problems securing the compensation you need after an accident, an attorney can help.
What Is a Settlement Check?
A settlement check accounts for your losses after suffering a personal injury. Its value depends on the liable insurance policy, the cost of your damages, and whether you bear any fault for what happened.
An out-of-court settlement is desirable for many people because it doesn’t involve going to trial. Yet, if your losses exceed the liable insurance policy’s coverage, going to court can secure what you need. A personal injury lawsuit can also help you recoup losses not covered by your insurance policy, such as pain and suffering.
Steps To Protect Your Right to a Personal Injury Settlement
To help your case move forward, you can:
Keep All Evidence Related to Your Case
You need solid evidence to back your injury case, such as:
- Photos of the incident scene
- Photos of your injuries
- Video footage
- Eyewitness testimony
- The incident report
- Medical records
Any shred of information can help boost your case’s validity.
Seek Prompt Medical Care
At the scene of the accident, you may have received medical attention. If not, go to your primary care doctor. They will examine, diagnose, and treat you right away. The longer you go without seeking care, the more serious your injuries may become.
According to Mayo Clinic, some injuries, like a traumatic brain injury (TBI), can get worse quickly if left untreated. Then, by the time you see your physician, you may face a prolonged recovery.
Waiting to get medical attention can also affect your personal injury settlement. The insurance company may claim that your injuries were unrelated to the accident. As a result, negotiations may take longer.
Follow Your Prescribed Treatment Plan
Once your doctor diagnoses your injuries, they will form a treatment plan. It is paramount for your recovery and claim’s success to follow through with it. That means:
- Attending doctor’s visits and physical therapy appointments
- Taking all your medications
- Limiting all physical activity
- Reducing your risk of contracting viral infections
- Regularly cleaning and changing bandages
Your doctor will release you from their care when you have reached maximum medical improvement. If you stop treatment against their advice, not only can that set back your recovery, but it may also prompt the insurance company to question your case. The insurance adjuster may claim that you made your injuries worse or that they weren’t serious to begin with.
Limit What You Share Online
You don’t want to share any information that could hurt your case. While the insurance company processes your case (or it unfolds in court), refrain from using social media. You don’t want to give the other party information that could discredit your side of the story.
How Much Could a Personal Injury Settlement Be Worth?
A personal injury settlement check could account for these losses:
- Medical Bills: You can recover the cost of any medical care you need to treat your injuries. Costs could include emergency room treatments, ambulance services, hospitalizations, surgeries, medications, and ongoing doctors’ visits. You can also recover projected future medical care costs.
- Lost Income: You can recover the income you lost if you have to miss work because of your injuries. If you have to miss work in the future because of your injuries, you can seek loss of future earning capacity. This also consists of any retirement or medical benefits you lose if you can no longer work.
- Property Damage Expenses. If you were hurt in a collision, your car may have also suffered damage. Your settlement check could account for the cost of any necessary repairs or replacements up to the maximum policy limit.
- Pain and Suffering: You are entitled to recover compensation for the physical pain and suffering you endured after getting hurt. Florida does not cap how much you can seek for pain and suffering unless you’re filing a medical malpractice claim.
- Emotional Distress: You are entitled to recover compensation for suffering anxiety, depression, or post-traumatic stress disorder (PTSD) after getting hurt.
- Wrongful death-related Expenses. Florida allows the personal representative of the decedent’s estate to pursue a wrongful death action. A settlement could account for funeral costs, end-of-life care expenses, and more.
A personal injury attorney Fort Lauderdale can calculate the value of your recoverable damages and determine the “value” of your case. From there, they can fight to recover the funds you need.
Pursuing Compensation Comes with Certain Deadlines
Recovering compensation from a personal injury settlement check comes with certain deadlines. For instance, to file a PIP claim, you must seek medical attention within 14 days of the initial incident. Otherwise, the insurer could deny your claim.
You may have to file a lawsuit to recover what you need. For instance, if the insurer refuses to settle, you can sue the at-fault party directly. Yet, you must do this within four years of your accident (or within two years of your loved one’s passing), per Florida Statutes § 95.11.
An attorney can manage your case’s deadlines, so you can focus on your recovery period.
How a Personal Injury Attorney Can Help You Recover Compensation
After evaluating your case, a Fort Myers personal injury lawyer can:
- Investigate the details of the accident
- Gather evidence to support your claim or lawsuit
- Determine who is liable for your injuries
- Review your damages and determine their values
- Handle communications with the insurance company and opposing attorneys
- Negotiate a fair settlement agreement with the other party
- Represent you in a trial (if the insurer refuses to settle)
Many personal injury attorneys offer help on a contingency-fee basis, meaning you pay nothing upfront for their help. They’ll take some of your settlement as payment for their services. You can learn more about this arrangement during a complimentary case review.
Contact a Personal Injury Attorney Today for a Free Consultation
If you want more information on how long it takes to get a personal injury settlement check, A Florida Personal Injury Lawyer from the Law Offices of Wolf & Pravato is here to help. We’ve recovered more than $200 million in damages for injured Floridians. We help people injured in collisions, slips and falls, and other incidents. Call (954) 633-8270 to begin your free case review.
