My husband and I were hit by a drunk driver a month ago in a Church van with five other children in the van. Three of those children were my own. Luckily we all survived. The driver was traveling a speed of about 130 miles an hour when he hit us. Our attorney wants everyone to be through with all medical issues before he moves forward with comp and punitive damages. My husband completes his last week of physical therapy next Friday. About how long after the attorney moves forward with the ins. company for comp. and punitive will this last. It is an ins. company out of Alabama. I would ask him but he is on vacation this week as his his paralegal... I am just ready to put all this behind me and get back to living my life if that is possible. We do not know how much we are going to settle for yet. If you feel like the answer to this may be too lengthy I do accept e mail...
Thanks so much in advance!
Answer:
The length is purely dependent upon the amount of the settlement.
Most insurance companies will drag their feet on a settlement unless they know that they are getting a better deal than they should.
This could take months for a resolution. Just be patient. Remember that
All things work for the good of those that love the Lord and are called according to his purpose.
Months if not years. Sorry, it's not an efficient process.
We had a personal injury suit in another state, their insurance company dragged it out until I rec'd a settlement from my dad's estate, that I put in escrow with our atty who alerted the ins. comp. to the fact we had money to go to court. Two months later the atty called and said that since he had 'healed' well and didn't 'appear' disabled, and he is getting disability they want to offer this amount. We took it. Right before Christmas.
Hit at 130 miles per hour and you're all ok, that's odd. That usually tears vehicles in half..
Your attorney will advise you at various stages, but in general, you should expect the insurance company to try to settle early for a minimal sum. If you have a good case, and things are going well, the offers will probably increase over time.
Most attorneys will advise you not to accept that first low offer, at least, but ultimately you're the client, so the decision will be up to you.
This process will be complex, so you should prepare for it to take some time -- for example a couple of years. The insurance company will wants information about your injuries, etc., plus the chance to depose you.
I'm not an attorney, but it is your attorney's job and responsibility to get you the best settlement possible to protect your rights Your attorney is right to wait until all treatments are done. That cost is part of the settlement.
If the guy's insurance company perceives its liability ($$$$) to be great, there is little motivation for them to settle until you threaten a lawsuit and maybe even as you are walking in the door of the courthouse for the first hearing. For his insurance company it is a numbers game. (Nothing wrong with that it helps to keep everyone's premiums down.) They count on the injured party 'just wanting it to be over'.
FYI - after only a month you probably do want it all over. Over the next months, when the trauma of the accident has lessened, your Husband is doing better, and life has gotten back to normal, it will be easier to wait.
As an example ONLY, if you settle now for $20K when if you waited for 6 months you could have gotten $30K, is the convenience of having it over with now worth $10K to you? You have to make that decision. Take your time and listen to your attorney. He really is looking out for your best interest. When you've had enough, let him know.
Good Luck.
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