Personal Injury Attorney Rochester, MN
Many people understand how important it is to receive medical care after an injury. However, in the blur of receiving medical care, treatment, and speaking to the police, many may not understand how important it is to receive legal advice about how the expenses of medical care and treatment will be paid. At some point, you will certainly need the experience and services of a personal injury lawyer.
When you have been injured in a car accident or another incident caused by the negligence of someone else, the length of time it will take to reach a settlement can be a matter of months to a few years. We understand this can seem like a long time to wait to be compensated, but before agreeing to accept a low-ball offer in an attempt to be compensated quickly, we recommend speaking to an experienced personal injury lawyer.
The duration of your case will depend on the injuries you sustained, the treatment, and the cooperation of the other party and the insurance company. Too many injured people take quick settlement offers from an insurance adjuster and regretfully learn that they settled too quickly. There are several variables that will go into personal injury settlements which will determine the amount of time needed to reach a successful result. Some cases will resolve through settlement negotiations and some cases will go to trial.
What Is A Personal Injury Claim?
A personal injury claim will arise when you are injured due to someone else’s actions. The injuries can arise due to a car accident, a workplace accident, or just being out in public. Any of these situations can lead to suffering and financial loss, and you can be entitled to compensation. A personal injury claim is the formal process in which the injured party seeks financial compensation from the party they feel is responsible.
Determining who is responsible for the injuries you have sustained can be a quick process or a lengthy process, so it is important that you gain an understanding of the possible timelines for a Minnesota personal injury claim.
What Can Impact Your Personal Injury Case?
Aside from the settlement and the potential trial, there are other variables that can increase the length of time your personal injury claim can take. How long your personal injury claim will take can depend on the following:
- The cost of your losses
- How much participation and cooperation you receive from the insurance company
- The extent of your injuries
- The determination of liability and fault
We understand you want your case to progress as smoothly as possible so you can continue your life. While a personal injury lawyer will take on the responsibility of handling your case, there are measures you can take to help your case move forward. You will need to consider a variety of factors that can impact your personal injury claim.
Receiving Medical Treatment
The first thing you should do after you have been injured in an accident is to receive medical treatment for your injuries. You will need to make sure every injury is addressed and documented by a medical professional. In Minnesota, if you are the injured party, you will need to reach a tort threshold in order to file a personal injury claim against the responsible party. What are the tort thresholds?
- You are disabled for 60 or more days and cannot work
- Permanent disability
- Permanent disfigurement
- Death
It is highly important that you follow through with your doctor’s recommendations. If you do not follow through with your doctor’s orders, the insurance claims adjuster can state that you failed to take care of yourself. The claims adjuster will make claims that they are not responsible for any of the medical bills you have accumulated. When you follow through with your doctor’s orders, you can put together a solid case.
It is important to maintain records of your rehabilitation sessions, the type of medications you are taking, and any follow-up appointments you attend. The records you keep can be used to show the insurance company the extent of your injuries and the amount of time and effort it took to make a recovery.
Hiring A Personal Injury Lawyer
Having an experienced legal team on your side after you have been involved in an accident is important because your legal team will be able to offer advice on treatment options. Your legal team will also advise you on the options you have to return to your place of employment. During this time, your lawyer will also be able to obtain as much information and documentation about the accident to determine who is liable for your injury and recovery. Your personal injury lawyer will help you through every step and ensure you receive the compensation you deserve.
Investigating Your Case
While one case will not present the same situation as the next, an experience personal injury lawyer who has worked on cases similar to yours will be able to take action quickly to ensure you receive the best results. Using their previous experience, personal injury lawyers will take the proper steps to review every record of the incident, from police reports to witness reports.
Your lawyer will also interview experts and witnesses in order to obtain true and accurate accounts of what happened. The investigation period will also include a thorough review of your medical records in order to determine the full extent of your injuries. Your lawyer will ask questions about what happened, questions about your injuries, medical treatment, etc. This is one of the reasons why it is so important to document every aspect of your case.
Requesting Medical Records
Your personal injury lawyer will put in requests to view your medical records and your medical bills that relate to the injuries you sustained. This is not a quick process; this process can take several months. After all the medical records have been reviewed and analyzed, your lawyer will take additional steps to determine if you do have a case.
Negotiating An Offer
After all documents and records have been presented and analyzed, a settlement demand will be given to the responsible party’s insurance company or the responsible party’s attorney. You should expect the period of negotiation to be a nerve-wracking process, but it helps to keep the entire process in perspective. The negotiations will go back and forth, but there is still a chance your case will end on a high note. However, if you do not receive a fair offer from the other party, the next step will be to file a lawsuit.
Filing A Lawsuit
If a successful negotiation is not reached, the next step will be to move forward with a lawsuit. Your lawyer will file the lawsuit on your behalf. It is important to know that this process could take up to 2 years to reach a resolution or to move forward with a trial. After your lawyer files the lawsuit, investigations will continue. There will also be a period of interrogations and requests for additional records and documents.
The investigations, interrogations, depositions, etc. can take up to a full year to reach a conclusion. If no fair settlement offer is agreed upon and if mediation is not a success, your personal injury case can go to trial. However, up to 80-90 percent of personal injury cases will be settled before going to trial.
During your personal injury case, there are things you can do to help your case and there are things you can do to hurt your case. As you attempt to be fairly compensated for your injuries, you should avoid talking directly to the person who was responsible for the accident and you should avoid actively using social media to limit any chances of jeopardizing your case.
Now that you understand everything that can play a part in your personal injury case, you probably understand how important it is to have experienced representation. Contact Patterson Dahlberg Injury Lawyers today for a free consultation.