Common Questions Injury Lawyers Hear Repeatedly

Personal injury lawyers seek a just compensation for all sorts of accident victims. While each victim’s case is unique, each victim can be expected to ask one particular question at some stage of the investigative/settlement process.

Here is that question: When will I get my settlement?

A personal injury lawyer in Kitchener never has an easy answer for such a question. Any member of the legal profession realizes that a great many factors work to determine the amount of time required, in order to complete an investigation of an accident and then reward the victim. Even if the victim does not move forward with a lawsuit, a long list of factors could play a part in delaying or hastening the actual arrival of the time when the victim gets the desired settlement.

The complexity of the case stands as one determining factor.

Were there any witnesses? Was it clear to them who should be pointed to as the person at fault? Did all of the witnesses have the same story? A “yes” answer to those questions helps to shorten the time that the accident victim must wait, before getting the settlement money.

How rapidly was the examining doctor able to arrive at a diagnosis? Someone that suffers with a head or back injury might need to wait awhile to get a clear diagnosis. If the victim must undergo an MRI or a CT scan, it may not be possible to schedule such an exam for the next day. Even after the images have been sent to the designated doctor, that same specialist might not be able to offer an immediate diagnosis.

What sort of medical problems did the victim have in the past?

Were those same problems mentioned in the background report, the one that was given to the examining physician? That same report will be made available to the team that will be charged with defending the insurance company of the other driver. After that same team studies the victim’s medical history, it could request an IME (independent medical exam).

An insurance company welcomes emergence of a reason for delaying the settlement. If the request for an IME has a reasonable basis, the insurance company can be expected to make such a request. That then adds another 2 to 3 months to the time that the victim must wait, before receiving the settlement money.

Were the victim’s responsibilities met to a sufficient degree?

What actions did the victim take at the scene of the accident? Did those actions include taking pictures or getting the names and contact numbers of witnesses? Were the victim’s injuries examined as soon as possible? Following that same examination, were the doctor’s orders followed?

When victims fail to carry out such tasks, then that prolongs the time that will pass before their receipt of the desired settlement. In addition, if the victim/client fails to share all the relevant information with a hired lawyer, the waiting time gets extended even further.