Getting personal injury claims can be a tricky task. Many Asian families do not even ask for their rights, as they are unfamiliar with the law. However, it is essential for everyone to know what their rights are and how they should be exercised.
Many families are already aware of their rights yet don’t act because they believe it will only cost them more, and the claim will take forever to settle. This is where a common question arises: How long does it take to settle a claim?
This blog will provide you with a complete detail on how it takes. This may help a lot of Asian families confidently navigate through the process.
Understanding the Personal Injury Claim Process
What Is a Personal Injury Claim?
This is one of the most commonly asked questions: what is a personal injury claim? A personal injury claim can be defined as a legal action one takes to get compensation for injuries caused by someone else’s negligence.
Common personal injury claims are as follows:
- Lost wages
- Medical expenses
- Emotional distress
- Rehabilitation cost, etc.
The Importance of Filing a Claim Promptly
Every state has its statute of limitations that defines how long someone can take to file for compensation.
Once a victim misses the statute of limitation, their claim automatically becomes invalid. In Nevada, the statute of limitation is two years. Make sure to file your claim instantly after the accident because wasting time will only make your claim more questionable and hard.
Factors That Affect the Timeline of a Personal Injury Claim
Severity of Injuries
Knowing the severity of an injury is very important during a settlement. Most minor injuries get settled quickly. However, the settlements for major injuries may take longer and more information.
This is why settlements should not be rushed before the whole extent of the injury is known.
Liability Disputes
Sometimes, insurance claims may take longer if the other party disputes fault. In such cases, the police will have to investigate further and collect more evidence before the settlement.
Evidence like Police reports, witness statements, and video evidence play a key role in proving liability.
Insurance Company Delays
Most of the time, insurance companies make low offers or even delay compensations to get out of paying in full. This can cause delays in insurance claims, and you may have to fight for longer than you expected.
Legal Representation
Your lack of knowledge probably constitutes one of the biggest factors that could be a reason for the delay of your claim. That’s why you must understand what a personal injury lawyer can do for you.
A skilled lawyer has in-depth knowledge of the law. They know about all the tactics insurance companies use to delay your compensation. So they can fight your case for you and get you the compensation you deserve faster than you expect.
Step-by-Step Timeline of a Personal Injury Claim
Step 1: Seeking Medical Treatment (First Few Days to Weeks)
It is very important to seek medical attention as soon as you get into an accident. Skipping medical care just because you cannot see any immediate injuries is very dangerous.
Some injuries are not noticeable to the naked eye. This is why a complete medical test with reports is very important. Having all the medical documents also makes your claim stronger. Medical records serve as evidence of injury severity.
Step 2: Hiring a Personal Injury Lawyer (First Few Weeks)
Knowing what a personal injury lawyer does for you is very important. Since these attorneys have in-depth knowledge of law and medical aspects related to your injury, they help you get the compensation you deserve.
An attorney will handle:
- Legal paperwork
- Collect evidence
- Negotiate with insurance companies, etc.
Also, as an Asian immigrant, finding a lawyer who understands you and your language is very important, especially if you have little to no knowledge of the law.
Step 3: Investigation & Gathering Evidence (1-3 Months)
This is something that may or may not take the most time. Evidence plays an important role during insurance compensation. Most insurance companies ask you for multiple pieces of evidence before accepting your claim. Some of these evidences are as follows:
- Collecting police reports
- Medical records
- Witness statements, etc.
Step 4: Demand Letter & Negotiation (3-6 Months)
After all the important documentation is gathered and a valid reason is established, these companies are required to send a demand letter. These insurance companies can take anywhere between a month to 3 months before they respond to your letter. They delay these replies in the hope that you might give up your claim.
Step 5: Settlement or Filing a Lawsuit (6-12+ Months)
There are two ways settlements can go: Either the insurance company offers a fair settlement to the victim, Or they simply refuse to pay.
The case will instantly be closed if the insurance company pays what they owe. However, if they refuse, a lawsuit will be filed. This will significantly increase the timeline for compensation.
Step 6: Trial & Court Proceedings (1-2+ Years, If Necessary)
Now, this is where things can get tricky! If a case is taken to court, things take a bad turn for the victim. This is because once a case is taken to court, it takes roughly over a year before any results are given.
This is why most cases get resolved before they reach the need to be taken to court.
Tips for Asian Families Navigating a Personal Injury Claim
Understanding Cultural Barriers
Many Asian families believe that taking a case to court will cause them disgrace. Or they have several other superstitions or rules that don’t allow them to take legal action.
However, they forget to understand that getting compensation for their loss is their legal right. Filing a complaint may help them regain financial stability after an accident.
Finding a Lawyer Who Speaks Your Language
If you are an Asian immigrant who resides in Las Vegas, then the presence of a lawyer who understands you or talks your language is a very significant aspect of your life. The significance of this matter arises from the fact that most new immigrants are not able to communicate effectively in the language they have very recently acquired.
So, it becomes hard for them to explain their problem to the court or their insurance provider. Therefore, an Asian lawyer in Las Vegas can prove to be a great help.
Avoiding Insurance Company Tactics
Many insurance companies offer low settlements to Asian immigrants. They do this because they are aware that these immigrants may have zero to no knowledge about their rights. So, they misuse their lack of knowledge and offer them low settlements.
However, it is very important to consult your lawyer before accepting any offer.
Keeping Detailed Records
As mentioned earlier, maintaining a strong record and having all the important documents with you will only strengthen your case. Also, every time you meet or talk to your insurance provider, make sure to note down or record everything they say.
After reading this blog, you will get a clear idea of how long you can get the compensation you want. However, knowing what rights you have is very important. Knowing who can help you get what you deserve is also essential. Reach out to Micheal Hua Injury Firm today! Get a free consultation and decide what you want to do next.
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