Hawaii is one of a handful of no-fault states in the US. That means that your own insurance is expected to cover your damages regardless of who was at fault. However, the situation changes if your injuries are serious.
With the help of a personal injury attorney, you can file a personal injury claim to receive compensation for larger or longer-term damages. The question is, how long does it take to settle a personal injury claim?
It’s only natural for our clients to worry about when they will receive the money they are owed. After all, they are paying their medical bills out of pocket and possibly losing income in the meantime.
The reality is, there isn’t a one-size-fits-all answer to the question of long it takes to settle a personal injury claim. Read on to find out why and to get a better sense of how your case will go.
How Long Does It Take to Settle a Personal Injury Claim: Delaying Factors
Some lucky clients win their settlements within six months of filing their personal injury claim. However, this is not the average time for a car settlement or other personal injury case. In fact, it’s not uncommon for personal injury settlements to take up to a year or longer.
Let’s take a look at some of the factors that can delay or slow down your path to settlement.
Proving Negligence
In order to successfully file a personal injury claim, you have to be able to prove negligence on the part of the defendant. In other words, you must show that your injuries resulted from their recklessness or lack of attention paid to their surroundings.
This isn’t always easy to do, especially if you don’t have surveillance footage or eyewitness statements to rely on. The less third-party information you have, the harder it is to prove negligence.
Receiving Thorough Medical Treatment
It’s imperative that you have a clear estimate of not only how much you’ve already paid in medical bills but what you’ll pay in the future, as well. Make sure that you are following all of your doctor’s recommendations, including seeing other specialists.
Seeing a physical therapist or psychiatrist may draw your case out, but you don’t want to face any surprises after settlement. These specialists can often provide a more accurate and detailed look at what your medical future holds. This is important because it is extremely difficult to reopen a personal injury claim after settlement, even if you come to realize the extent of related long-term damage afterward.
How Long Does a Lawsuit Take?
Most personal injury claims are settled out of court and aren’t considered full-blown lawsuits. Lawsuits come into play when the insurance company either won’t pay up or won’t agree to fair, full compensation.
If you reach this point in your case, you’re probably going to ask, “Why is my lawsuit taking so long?”
Like settlements, there is no guaranteed answer to this question. Introducing more people to the process, like a judge and jury, can certainly affect how long it will be before you receive compensation. While filing a lawsuit inevitably adds time to your case, exercise patience to ensure that you get the money you are owed.
How to Speed Up Your Personal Injury Settlement Process
Are you worried about long your personal injury claim will take to reach a settlement? There are a few things you can do that will make the process smoother and avoid unnecessary hiccups. Let’s talk about what those are.
Hire a Personal Injury Attorney Right Away
When filing a small claim, you may be able to get away without the help of an attorney. However, because Hawaii is a no-fault state, it’s unlikely that your claim would be small enough to settle on your own.
It’s better to hire an experienced personal injury attorney from the moment you file your claim. Otherwise, your attorney has to play catch up in order to prepare for your already-open case. They may also have to perform some damage control, depending on what the insurance company’s attorneys have already accomplished.
If you’re on the fence about filing a claim at all, you should still consult with an attorney as soon as possible. Remember, the statute of limitations for personal injury claims in Hawaii is two years. That means that you must legally file your claim within two years of the initial incident that caused your injury.
Have All Paperwork in Order
In order for your attorney to build a solid case from the beginning, you’ll want to have all of your paperwork organized and available.
This includes documentation of the scene of the incident, preferably in the form of pictures and videos. Any witness statements will also help to set the scene. If you don’t have witness statements, try to provide the contact information of your willing witnesses.
You will also need all medical records and notes from your doctor and any other relevant medical professionals. You want to show what treatments you’ve already undergone as well as any future treatments your doctor recommends.
Finally, you’re going to need all paperwork that will prove your financial situation. Bring all relevant medical bills. If you’ve missed work and subsequently lost income because of your injury, bring pay stubs and work records, too.
Ask Brian Cummings to Help With Your Hawaii Personal Injury Claim
Are you asking, “How long does it take to settle a personal injury claim?” If so, chances are that you are worried about the state of your physical health and your finances.
Brian Cummings is a leading personal injury attorney in Hawaii. With over twenty years of experience, he can help you to receive the settlement you deserve in a timely fashion. Contact us today to start your consultation and you will hear from us soon.
