When Will I Receive My Personal Injury Settlement?
As a personal injury victim, it’s natural to wonder whether the liable party will be brought to book and pay damages for the misfortune they caused you. Fortunately, this is within your control, for it is your sole responsibility to file the claim and prove it with a preponderance of evidence.
After filing your claim, one question may remain: When will I receive my compensation? Understandably, you may want to put all this behind you and move on with your life. That’s why speaking to personal injury attorney Rich Godshall of Ostroff Godshall Injury and Accident Lawyers is a good move.
While you may have some level of control over the outcome, the factors surrounding your claim can sometimes be so nuanced that it’s challenging to determine accurately when you’ll get restituted. Keep reading to understand why.
Estimating the Timeline of Your Personal Injury Claim
There’s no denying that personal injury cases can be complex to file and pursue. To begin with, there are some protocols to follow. There are also deadlines to keep up with, such as the legal timeframe within which you can file a claim in Pennsylvania, otherwise known as the statute of limitations.
For these reasons, most personal injury victims are advised to seek counsel from a qualified personal injury attorney. A reasonable attorney will lay out the stakes for you based on their understanding of the law and background handling cases like yours. They will also collect evidence, interview witnesses, and even negotiate with insurance companies on your behalf.
But can they accurately determine when you’ll be compensated for your injuries?
Unfortunately, no qualified lawyer can determine the exact time it will take for you to receive your compensation. The outcome of your case depends on a variety of factors, some of which may be unique to the circumstances surrounding your case.
Liability
The state of Pennsylvania adopts the modified comparative negligence rule. Under this liability theory, you can seek compensation even when you are partially liable for your accident. However, there’s a cap. The Keystone State bars plaintiffs from seeking compensation when their share of fault exceeds 51 %.
Therefore, the outcome of your case will depend on whether you also contributed to the incident and the extent of your role.
Negotiations With the At-Fault Party
Most personal injury cases end in an out-of-court settlement. The two liable parties agree to compensate the victim for their accident, and the victim signs an agreement waiving their right to pursue further legal action.
As such, the outcome and length of your claim will also depend on how willing the other party is to negotiate.
If negotiations fail, the case proceeds to trial, where a judge or jury listens to both sides and issues a judgment based on existing legal precedents.
The Nature of Your Injuries
The scope and nature of your injuries also influence the outcome of your case. Take, for instance, injuries like whiplash, whose symptoms can manifest in post-traumatic migraines years after the incident. In such a case, seeking counsel from knowledgeable attorneys is recommended due to the legal complexities involved.
For one, it may be difficult to justify a link between your injuries and the crash if the symptoms take a long time to manifest. Fortunately, the statute of limitations in Pennsylvania begins from the moment the injury is discovered. In other words, you have up to two years from the date when the symptoms started showing to file your personal injury claim.
Hire a Knowledgeable Personal Injury Attorney
If you have been injured in a car accident, slip and fall incident, workplace accident, product malfunction, or any other incident whose fault is not yours, contact a personal injury lawyer today for compensation options. A reasonable attorney will investigate your case and offer counsel on best practices to maximize compensation.
Conclusion
Receiving a personal injury settlement depends on several factors, including liability, negotiations, and injury severity. Consulting an experienced attorney can help streamline the process and improve your chances of timely compensation.
