Personal Injury Claim Process

How Long Does it Take to Recover Benefits from a Personal Injury Claim?

When you're hurt, you want to know how long it will take to recover physically and financially. Injuries caused by another's negligence are frustrating and can leave you financially ruined. You can recover benefits for medical bills and lost wages with thehelp of an experienced personal injury attorney at the Coye Law Firm. Because all injuries are different, all cases are different. There is no specific time for a case to be resolved, but our staff wants you to have some idea of how long it will take for you to get back on your feet following a serious accident or injury.

After you've chosen a personal injury attorney to help you, the progress of your case follows a general course:

1) Accident and Treatment Following a Personal Injury

Personal injury cases begin from the time of injury. Whether you were hurt in a car accident, slip and fall, or other accident, it is essential for you to document the scene and keep in mind the small details that make a big difference. Photographs, statements, and witnesses' contact information are essential elements that help speed up a case.

Get treatment for any injuries that need medical attention as soon as you can. Immediate treatment can prevent your injuries from becoming worse and will save you time and money in the long run. 

Legal professionals prepare your claim based on your completed treatment. A serious injury needs serious treatment, which can take a long time. If your injuries are serious, your treatment will be extensive, and it may take a long time to prepare and resolve your claim. We want to help you recover from your injuries, but an attorney is not a doctor, and they can't advise you as to when your treatment is complete. 

2) Consultation with a Personal Injury Attorney

Resolving a personal injury case depends on swift action. Although your treatment needs to be complete in order to request adequate benefits, an attorney can request documents during your treatment and coordinate communication that will help resolve your case more quickly. They can ensure that you follow the proper procedure for getting medical treatment. These are important elements to building a strong personal injury claim.

Depending on the details of the case, your case can go one of two ways:

  • It could be put into suit right away if there is strong evidence of injustice, OR
  • It could go through a pre-suit negotiation process that attempts to avoid the cost of a trial.

Your personal injury attorney begins the resolution process once he or she consults with you and considers your preferences.

3) Pre-suit Procedure of a Personal Injury Claim

There are some standard steps in the process of preparing a personal injury claim. As soon as you reach maximum medical improvement, your attorney and their staff will begin to gather documents needed to create a complete picture of your injury:

  • Statements from doctors and witnesses.
  • Analysis of medical treatment.
  • Hospital bills.
  • Standards set by state and federal statutes.

Attorneys communicate with hospitals, insurance companies, and medical providers in order to get the most documentation regarding a serious personal injury. After your health improves as much as it can, our staff works to get you payment for your injuries as soon as possible. 

All of this relevant material is used to write a demand on your behalf to the insurance company or person that is liable for your injuries. This is a detailed document that shows the severity of a personal injury, how it has affected your life, and the amount of money that is needed to recover. Depending on the response, claimants might need to participate in a mediation or deposition. Both of these meetings are opportunities for you to express your concerns about your injury and recovery costs. 

Insurance companies, hospitals, and medical providers are businesses, so they might resist allowing benefits in a personal injury claim. Our legal staff discusses their offers with you, which you can accept or decline. If you decline an offer, we continue our negotiations. This can add to the time it takes to settle your personal injury claim. You may not get the benefits you were looking for, but with our help, you can get more than you would have if you settled your claim without an experienced injury attorney.

4) Bringing a Personal Injury Case to Suit

If your personal injury claim is settled during the pre-suit phase of the case, then the liable party will send payment to your attorney, who will then give you a check for the amount you are entitled to in the settlement. If you do not want to accept the defendant's highest offer, then negotiation is at a standstill. In this situation, or when liability is severe enough to warrant punishment, your personal injury lawyer will have to bring the case into suit. There, a judge and jury decide the liability and value of your case and the defendant compensates you for it.

A lawsuit takes time and money. If you are going to file a lawsuit for injury benefits, expect to wait 6 to 9 months, maybe sometimes over a year, to step foot into a courtroom. During this time, your personal injury attorney and their assistants will schedule meetings, such as depositions and mediations, to get your voice heard by the opposing counsel. The trial's jury will ultimately decide who is at fault in the claim and how much the plaintiff may be entitled to for compensation.

If you are receiving benefits based on low income, you need to plan how to spend your settlement. Learn more about special needs trusts and spend-down plans in maintaining income-based disability or medical benefits.

5) Settling a Personal Injury Claim 

Settling a personal injury claim can get your medical bills paid and lost wages paid. With proper documentation, you can also be reimbursed for the cost of travel to and from treatment. Each case is different, so settlement may include different terms and conditions. Don't settle for low offers on your claim if you were hurt by another person's negligent actions. If you are ready to settle your claim, discuss your options with an experienced personal injury attorney. 


Call 407.648.4940 or contact Coye Law Firm today for a free, private strategy session about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

If you'd like to learn more about injury law and your rights, read my book, Sharing the Secrets, Learning the Lies: A Guide to Florida Personal Injury

From this book you will learn… Personal Injury Book for consumers

  1. The ONE THING you must do within 14 days of your accident (page 42)
  2. The two most important factors in determining case value (page 10)
  3. How to understand what your insurance will and will not cover (chapter 3)
  4. 6 critical steps you must take after an accident (page 65)
  5. Why you should not trust the insurance company’s repair shop (page 72)
  6. How to choose the right doctor (chapter 5)
  7. A claim you could make against your own insurance company if your car is damaged, but not totaled (page 86)
  8. The secrets to getting a fair settlement (chapter 10)
  9. An 8-step breakdown of the normal process for lawsuits (page 109)
  10. The one 4-letter word that might cost you (chapter 12)
  11. How to start gathering the most important evidence you need (page 75)
  12. …and more!

Click here to receive your FREE copy now.