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  1. #1
    Join Date
    May 2012

    Default I Was Rear Ended and Injured, How Long Should Settlement Take


    I have no background in law whatsoever. My story: I was rear ended 1.5 years ago, my car incurred 9k in damage, other car totalled and towed away from the scene both his airbags deployed. I have 3 heirniated discs, C3-4-5 with no spinal damage but I do have bulging of one of my discs unto my spine which is causing numbness in my left arm.

    I have treated for this injury for 1 year, took Xrays and MRI and went to an orthopaedic surgeon for a diagnosis. He suggests surgery to correct the pain issures and numbness.

    My current lawyer seems like they are taking forever to get this through to a finalized settlement. My treatment has been finalized, but I did not get an impairment rating from my surgeon because he says that will cost around $700 and my lawyer doesnt think it will benefit the case. As a subquestion to my original question, should I just eat the $700 out of my settlement for the chance that having the impairment rating will benefit my case? I am leaning towards yes.

    My overall question, why is such a generic case like this, taking so long? I was rearended, suffered bodily injury and may need surgery. It has been 1.5 years and they havent even sent out the demand yet, is this normal?

    Please advise, and remember; I'm a newb so if I say anything stupid just smack me.

    Thank you

  2. #2
    Join Date
    Jun 2011

    Default Re: I Was Rear Ended and Injured, How Long Should Settlement Take

    Yea its a very long process as I've come to understand. I'm going on 17months now. I think lawyers don't look at your case for months at a time. Much of what was needed to advance my case was accomplished be me taking the appropriate actions when my lawyer could've gotten it handle in a matter of minutes.

    About 10 months in I find out my lawyer doesn't even take cases to trial. My case was switched to another firm that they use for trials. Crazy!!! Anyway, things have begun to pick up steam as we've just finished the adjuster's interrogation forms. The next phase is supposed to be actually sit down negotiations. Then after, if no settlement can be reached, trial it is.

    After all this wait, my friend told me his took over 2 yrs and he didn't even get anything near what I'll settle for. It's a major waiting game. Just focus on being patient and waiting for another year at least. So sorry to tell you that, but i sent in my demand letter about 10 months ago. The process is far too long

  3. #3
    Join Date
    Jan 2006

    Default Re: I Was Rear Ended and Injured, How Long Should Settlement Take

    you have not identified your state so I cannot speak to how long you have to file a suit. You would have to do that prior to the expiration of the time as controlled by the statute of limitations for your state. That usually varies from 1 to 2 years in most states.

    Many lawyers will not file the suit until shortly prior to the expiration of the allowable time. That way, the have the most complete information regarding your your healing process which means they would be able to have a better idea of your long term prognosis.

  4. #4
    Join Date
    Feb 2010
    CT & IL

    Default Re: I Was Rear Ended and Injured, How Long Should Settlement Take

    the $700 dollars would come out of your pocket anyway .... and then you may be able to recover it and if impairment is shown, then take it from there

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