How long is the process of the settlement money for an accident? 11 Answers as of October 18, 2013

What is the longest time they can draw the settlement money out before we go to trial and how do you get needed money for surgery when insurance declines to pay?

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Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
The trial is your safety net if the insurance company will not settle the case. There is no rule stating how long an insurance company can hold out from settling. Some cases are even settled after the trial, or during appeal. Most often, however, cases will settle within a few weeks of the trial date. Keep in mind that not all cases settle. When you cannot agree on a settlement amount with the insurance company, trial is the way to resolve your differences.
Answer Applies to: Iowa
Replied: 10/18/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
As long as they want.
Answer Applies to: Michigan
Replied: 10/18/2013
Law Offices of John W. Merting, P.A.
Law Offices of John W. Merting, P.A. | John W. Merting
There is a book out called: Delay, Deny, Defend. That is what insurance companies do. The longer they drag it out, the longer they keep the money and the more they earn on that money. Insurance defense attorneys bill by the hour, so they also have a financial interest in delaying payment. The attorney handling the case can keep pushing for trial ,but that depends on the court's calendar, some are very crowded, but many are not.
Answer Applies to: Florida
Replied: 10/18/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If you have filed a lawsuit it might take a year or 2 in the process. I the insurance co does not intend to pay the claim there is probably a reason for that. In any event there is no way to get any money except perhaps from Obama.
Answer Applies to: North Carolina
Replied: 10/18/2013
Criminal Defense & Civil Litigation, LLC | Michael C. Witt
No one is required to settle anything. The applicable statute of limitations governs how much time you have to file a suit, and the court controls scheduling from there.
Answer Applies to: Wisconsin
Replied: 10/18/2013
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    You have four years from the date of accident for most personal injury claims to file a lawsuit. After the complaint is filed, depending on which court and which judge, the case can drag on for several more years. Sometimes this can be due to investigation and discovery of facts etc. Make clear to your lawyer that you want a trial date as soon as possible. In the meantime, if you need to go ahead and have surgery, ask your attorney if he/she knows a doctor who will perform surgery under a letter of protection, this is a promise that the doctor will be paid from the proceeds of the lawsuit. If not, there are companies out there that will advance/loan you money and in return, you agree to pay them out of the money you obtain from the case.
    Answer Applies to: Florida
    Replied: 10/18/2013
    Padove Law | Burton A. Padove
    I believe that you need to discuss your concerns with your lawyer. Usually, the time parameters are among the first topics discussed.
    Answer Applies to: Indiana
    Replied: 10/17/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    It depends on the court docket. They do not ever have to settle, but have the right to insist on a trial. How long you have to wait on trial depends on the court docket? Three years is not unusual. If you have an attorney, ask the attorney about options to pay for surgery. There are companies who will pay medical bills in return for a lien against your settlement.
    Answer Applies to: South Carolina
    Replied: 10/17/2013
    Gates' Law, PLLC | Thomas E. Gates
    You generally have a 3 year statute of limitation period and, you must file your lawsuit before its end. Once filed, you will get a trial schedule, so depending on the court schedule, it could be to another year. You can set-up a third party claim with the hospital so you can get needed medical treatment. The hospital will place a lien on your settlement.
    Answer Applies to: Washington
    Replied: 10/17/2013
    John Russo | John Russo
    The law is not a "How do you do this" type of profession, if it where there would be how to do books on the market; How to repair your toilette, how to repair your gutters in 3 easy steps, and easy how to do book on painting that ceiling. You should have retained counsel! Trial, you make it sound like a trip to the supermarket, if you intend on trying this case yourself you better find a " How to do book on trying a case!!! Like maybe, "The easy how to book on trial advocacy explained in 36 thousand easy steps, with the bonus supplement 200 thousands easy examples of the rules of evidence, with 350 thousand objections thereto. The longest time they can draw it out, until you are "reached for trial" and then they will send in the big guns, if you don't agree on settlement.
    Answer Applies to: Rhode Island
    Replied: 10/17/2013
    Chen Kasher, Esq.
    Chen Kasher, Esq. | Chen Kasher
    Your attorney should advise you of these issues. That said: 1) Your insurance owes you a duty of "good faith" to settle your claim within a reasonable amount of time. If liability or damages are largely uncontested, you should get the money promptly. If they are contested, they are entitled to wait until a judgment or verdict before paying. 2) You should tell any medical providers to "lien" your file until you recover. At that time, they will be paid out of the proceeds of recovery.
    Answer Applies to: Illinois
    Replied: 10/17/2013
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