The legal team here at Cohen & Sinowski, P.C. in Atlanta, Georgia, gets asked this question frequently: How long does it take to resolve a personal injury claim? Our attorneys always answer it the same way, by asking our clients: How long are you going to be hurt and how long are you going to be treated?
Assuming you know the answer to that question, we’ll tell you that 90 days after you are finished being treated by a doctor and are no longer hurt, your claim will be well on its way to being resolved.
Our Process for Car Accident & Personal Injury Claims
Read below to learn more about how we would handle and process a new claim here at Cohen & Sinowski, P.C. in Atlanta, Georgia.
First, Cohen & Sinowski, P.C. will send a letter to your medical providers requesting that they send all medical records and bills to our office. At this point, we should already have the hospital bill and records, provided that there was no ongoing treatment provided.
Given that you were treated by your doctor (a physician with whom you have an established relationship), you will receive monthly billing (hopefully sent to your insurance). You should have a copy of the bill, but not the records. In some cases, the doctor will give you a copy of your records as well. This step can take around 30 days.
If you did receive ongoing treatment, then you’ll need to write a letter to the hospital, requesting that your bills and records be turned over to the independent copier company (ICC). The ICC will then determine the final cost of these bills, and within 30 days, they’ll send a letter to your attorney with a request for this amount.
Once the amount has been paid, the ICC will send your requested materials, which takes another three weeks. The process with the hospital can take up to two months if you underwent continued treatment at the hospital.
Next, your records must be reviewed. Once this review is completed, your balances have been checked, and everything has been evaluated by your lawyer, we will send a demand letter on your behalf to the insurance company asking. This letter will ask for an amount well above the amount of a projected settlement.
You should know that each adjuster probably has over 250 files to review at any given time. So it’s safe to assume that the adjuster will take about 30 days to respond with a first offer. Then, you and your attorney will discuss what the offer will put into your pocket after all bills are paid. Ultimately, you will discuss the amount you really want to walk away with.
Negotiating with Insurance Companies
Your attorney will give you advice, and you will proceed from there. If your case resulted in major injuries, it is best to negotiate slowly if the defendant has substantial coverage (more than adequate to meet your desired amount), and it is best to make a policy limit demand. A policy limit demand would give them about 30 days to send their policy limits to your attorney if their coverage is less than the value of your claim.
If they do not pay in a timely fashion, other factors will come into play that your attorney will discuss with you in person.
When to File Your Car Accident Claim
If you have an injury that is healed within 60 days (like a sprain or strain), the case appears reasonable, and you are dealing with an insurance company that is fairly well known, then settlement should happen within the next 45 days.
If your injuries are more serious and take more than 60 days to heal, it is best to get well first and then present your claim.
Get Help From an Experienced Car Accident Lawyer
Get legal representation from Atlanta’s top-rated personal injury firm, Cohen & Sinowski, P.C. After your accident, we’re here to make sure you get back on your feet.