From car and truck accidents to medical and legal malpractice, numerous scenarios exist where an individual or their family members could receive extensive injuries or even wrongful death. Like a domino effect, this one bad situation leads to other negatives like wage or job loss, unaffordable mounting medical bills, and sometimes irreversible mental, emotional, and physical strain. 

You can lighten the burden in this situation by sending out a demand letter. However, the insurance demand letter response time can take weeks over even months. We have over 250 years of combined experience at Aiello, Harris, Abate Law Group PCso if you’re looking for dedicated attorneys offering personal injury law in New Jersey, who have answers to your demand letter concerns, trust us.  

Why Should You File a Demand Letter?

After being in an accident, you should send a demand letter to your insurance company or any liable party, asking for compensation. Some liable parties include a business or property owner, a manufacturing company for supplying faulty products, or other individuals who put your safety at risk. Some negligent actions or accidents, to name a few, include:

• Automobile and pedestrian accidents
• Medical malpractice
• Legal malpractice
• Product liability
• Wrongful injury or death 

This written statement explains to the recipient that you’re taking legal action against them on behalf of yourself or another injury victim. Your statement can outline what the compensation would cover, such as property damage, medical expenses, and relief for pain and emotional ailments. 

Unfortunately, the state of New Jersey doesn’t require the demand letter recipient to respond, which makes waiting for it a frustrating experience. If you don’t know what to expect, let’s look at what determines the response time. 

What Determines the Response Time for a Demand Letter?

Many factors affect the insurance demand letter response time, some contributing to shorter response times of as little as a month and others invoking no response altogether. For instance, if you have ongoing communication with the insurance company, meaning this isn’t the first time you’re reaching out to them for your recent injuries, there’s a better chance of them responding promptly. 

On the other hand, if you had medical conditions or underwent treatment before the accident, this affects your claim, causing the insurance company to want to conduct further investigations before replying to your demand letter. This process delays your response time, sometimes for months. Other factors that affect the duration of the response time include:

• The amount you’re asking for in your claim: The larger the amount, the more investigating the company will do to determine whether you require a payout. 
• The insurance company size: If you’re partnering with a large and well-known insurance provider, they probably have more resources than a smaller one. In that case, they’ll likely respond to your claim faster and pay out favorably. 
• The size of your insurance policy: A high policy limit means you’re eligible for a larger payout. However, because the company has a higher financial liability with larger policies, the more it’s reluctant to pay. They’ll take longer to respond as they peruse your claim and try to lower your compensation amount. 

What Are Some Responses You May Hear?

If your insurance demand letter response time doesn’t end with the insurance company sweeping your claim under the rug, you’ll receive one of three responses that most likely stem from the above factors. 

In the rare but best-case scenario, the insurance company positively responds to your demand letter. Your provider compensates you for the amount you asked for without debate, accepting financial liability. Still, there are times when rounds of negotiations take place before settling on a payout price or filing a lawsuit if they won’t go as high as you deem fit. 

The most unfortunate response is a rejection. Rejections don’t always mean you don’t qualify for compensation since companies frequently dismiss valid claims, especially large ones. Rather than let this intimidate you and deter you from moving forward, call an accident attorney to help fight for your case. 

When You Feel Your Response Isn’t Reasonable

If personal injury settlements have you wondering about your insurance demand letter response time, call our qualified team with over 60 years of company experience. Whether you’ve gone months without a response or don’t like what you’ve heard, our defensive attorneys know how to handle claim issues and work endlessly to help you receive a different outcome. 

Contact us

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

After an accident, you may be eager to seek compensation from the liable parties. However, after reaching an early settlement, some accident victims experience delayed symptoms of their injuries that require further medical treatments.

Can you reopen a personal injury case and seek further reimbursement for your losses if this situation happens to you?

Below, one of our personal injury lawyers at Aiello, Harris, Abate Law Group PCin Watchung, NJ, explains what you should expect after reaching a legal settlement agreement.

Can You Reopen a Case?

Before settlement, negotiations can continue for as long as necessary. Sometimes, this process may end in a trial. Other times, it may end in a compromise that satisfies both parties.

However, after settlement, it is not possible to reopen a personal injury case in New Jersey. Once you sign and submit a Release of Liability form to the court, you have very few options to pursue further compensation.

Exceptions and Workarounds

One way to keep a personal injury claim open is by refusing to sign the Release of Liability form. 

Reopening a claim may be possible if the court discovered that the liable party engaged in fraudulent practices that impacted the terms or processes of the settlement. However, proving fraud without significant evidence and an attorney would be a long shot.

In some cases, a claim could possibly reopen if the liable party did not pay the agreed-upon restitution to the victim. 

Why You Should Wait To Negotiate a Settlement

If you worry that you might accumulate more expenses in medical treatments or accident-related losses, you don’t need to start negotiations right away.

In New Jersey, you have two years from the date of your accident to file a personal injury claim. This period allows you to calculate your total losses and bring an accurate number to the negotiation table.

Many attorneys recommend waiting until you reach your maximum medical improvement (MMI) before negotiating or accepting settlements. MMI means achieving full (or near-full) recovery from your injuries. Waiting until you reach MMI before negotiating a settlement will help you determine if you will need to pay more in future expenses.

Filing a Release of Liability

A Release of Liability form states that all parties agree to the settlement’s terms. It prevents the plaintiff from pursuing further legal action after collecting compensation. 

Usually, this contract allows the liable party not to admit fault on the record, even if they pay the victim the total amount of compensation they seek. It also may include the release of future liability claims.

While this document may seem like a roadblock for injured persons seeking to reopen their cases, it protects responsible parties from limitless financial obligations. 

Avoid signing a release of liability without first consulting your attorney. It may be appropriate to keep your claim open longer so you can pursue the highest judgment for your losses.

Collecting Compensation With the Assistance of a Personal Injury Attorney

Remember that you have other paths toward reimbursement after an accident. Hire an attorney to help you file personal injury claims with relevant insurance companies or the Division of Workers’ Compensation. They will communicate on your behalf, so you’ll avoid self-incrimination during third-party investigations.

Your personal injury lawyers will collect evidence on your behalf. This way, you can approach insurance companies, settlement negotiations, or jury trials with proof of your losses. Having significant evidence is the best way to pursue the highest compensation possible since you won’t be able to reopen a case in the future.

An attorney can also help you calculate your losses, including potential future expenses that may contribute to your total payout. Many injured persons don’t realize they can include non-economic damages in their settlements, such as pain and suffering. A personal injury lawyer can help you stay confident about your legal strategy by reviewing all the options.

Call a Trustworthy Lawyer Today

Why wait if you’re ready to partner with a law firm you can trust? At Aiello, Harris, Abate Law Group PCwe make it easy to find a personal injury attorney whenever you need one. Our team works tirelessly to ensure that clients have all the resources they need when pursuing compensation.

When you seek justice for your losses, knowing when to hire a personal injury attorney is just the first step.

Can you reopen a personal injury case? Not usually, but a personal injury attorney can advise you of the optimal time to pursue compensation.

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Pursuing a personal injury lawsuit may be appropriate if you sustain injuries in an automobile or workplace accident. While many plaintiffs manage to collect compensation from liable parties before a jury trial is necessary, the negotiation process can be lengthy.

So, how long do personal injury cases take to settle in New Jersey?

The answer isn’t as straightforward as you might expect. Below, an experienced personal injury attorney from Aiello, Harris, Abate Law Group PCin Watchung, NJ, discusses factors that impact the length of a lawsuit. Consider the following information, then schedule a consultation at a reputable law firm. 

When To Seek Litigation

It is essential to seek restitution for your damages if you experience long-term pain from a physical condition that requires extensive medical treatments. Still, you’ll need to complete a few steps before you can even start filing a lawsuit against responsible parties.

First, you must report your accident to relevant insurance companies or employers. 

Suppose you sustained injuries in a car crash. New Jersey is a no-fault state, meaning you don’t need to prove responsibility to qualify for compensation. However, some insurance providers may not pay out the total amount you seek if they suspect you were partly responsible for the accident.

Communications between you and your insurance company could take several days or weeks to conclude. Insurance agents may also need more time to complete an investigation.

If you still have hundreds or thousands of dollars in lost wages, medical bills, or other related expenses after your insurance company makes an offer, it may be time to start the litigation process.

Deadlines for Filing a Personal Injury Lawsuit

In New Jersey, you have two years to file a personal injury lawsuit against the responsible person/persons. However, many people save time by calculating losses and collecting evidence immediately after an accident. 

Factors That Contribute to Settlement Length

If you decide to pursue legal action against liable parties, you will meet with their lawyer to discuss settlement terms. Sometimes, a settlement could take just a couple of weeks to reach. Other times, it might take months or even years. 

Several factors contribute to the length of the settlement process:

• The quantity and quality of evidence you collect
• The amount of money you seek
• The number of parties involved
• The quality of your personal injury lawyer

Reaching an Early Settlement 

How long do personal injury cases take to settle if you have significant evidence?

If you collect convincing evidence that proves the opposing party caused your accident, you might reach an early settlement agreement within a couple of weeks. 

Often, these cases involve smaller demands for compensation (i.e., medical bills for injuries that do not require long-term treatment). Still, some severe accident cases are so cut and dry that you may be able to reach an agreement for a larger restitution quickly.

Although negotiations may end within a couple of weeks, filing Release of Liability forms and collecting compensation could take an additional one or two months.

Longer Negotiations

Prolonged negotiations occur for several reasons. 

Sometimes, an accident victim collects evidence that the defending party can challenge. For example, the other party might dispute the victim’s interpretation of photos that led up to the accident.

Settlements may also go on for months if the defending party challenges the amount of money the victim seeks. If an injured person presents medical bills or reports that show losses, a defending party may argue that some of the expenses are not relevant to the accident.

Long settlements can take more than a year to conclude, depending on the type of accident and monetary demands. If negotiations break down, a personal injury attorney may recommend a trial.

In this situation, the process could take longer and require more resources. Still, legal scholars suggest that over 90% of personal injury cases end in favor of the party that initiated the trial.

Hiring a Lawyer Speeds Up the Process

Hiring a lawyer helps you streamline your personal injury claim, settlement negotiations, and other essential responsibilities for your lawsuit. It’s wise to partner with a reputable attorney before approaching liable parties. This will make you more confident about your legal strategy.

Speak to an Attorney Today

At Aiello, Harris, Abate Law Group PCwe represent hundreds of clients in personal injury lawsuits. See how hiring our team can help you understand personal injury settlement payouts and more. 

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

People who suffer from personal injury issues in Bergen County, New Jersey, may not have the means to cover their medical expenses. Those pursuing legal action do not always have the out-of-pocket funds or medical insurance needed to pay. Additionally, the person or group found guilty of causing the injuries cannot have their insurance pay medical bills as they occur.

So, how are personal injury settlements paid out? Can you still receive medical care? Yes, and experienced personal injury lawyers in New Jersey can help you find a workaround. 

The attorneys at Aiello, Harris, Abate Law Group PC have over 30 years of experience with personal injury cases. Our knowledge helps us tackle various types of personal injury cases. We know ways to help you receive your necessary medical treatment without worry.

Why Insurance Companies Do Not Pay Immediately

Most insurance companies will not pay medical expenses before the courts find their client guilty. Despite the severity of a personal injury or wrongful death, they want to avoid paying before receiving proof of fault. Moreover, they do not want to pay for medical bills on top of legal costs if they defend against the lawsuit.

Also, most insurance companies prefer making lump payments to a claim rather than fulfilling several payments. As such, they tend to wait until receiving a letter of demand, then settle the issue with a single payment.

Possible Ways to Pay or Hold Medical Bills

We do not believe injury victims should hold back from receiving medical treatment because they cannot afford it. There are various ways to work around not having the funds to pay medical providers.

You should notify hospitals, doctors, and other medical facilities if you cannot pay for the treatment you are receiving. Also, inform them if you do not have the insurance coverage to cover those bills. Many providers understand the severity of a case and are willing to wait for payment. 

They may require you to sign a lien or subrogation form if they agree to wait. This form allows your attorney to withhold funds from your insurance settlement. Once the settlement has gone through, you can use those funds to pay for the medical bills accrued during treatment.

Remember auto insurance coverage and any Personal Injury Protection (PIP) you may have after an auto-related accident. Your PIP pays if you or someone else under your policy sustains injuries from an auto accident. This “no-fault” coverage activates and pays medical costs no matter who caused the accident.

Which Health Insurance Plans Require Reimbursement?

We must not forget to consider reimbursements. If you signed a lien, you must pay them out of the settlement before you receive the net amount. Additionally, attorneys must resolve claims against your settlement before you can receive the remaining funds.

Some health insurance plans will demand reimbursement as well. However, a statute in New Jersey prohibits straight medical insurance plans from imposing liens or asserting reimbursement rights. An attorney can help determine which health plans should receive reimbursement. 

In other cases, the law requires you to repay them. ERISA-based self-funded health plans, Medicare, and Medicaid each require repayment for funds used for your health care. Refusal to pay these plans back may put you in legal trouble.

The self-funded plans tend to be easier to pay back. Medicare or Medicaid can be tricky, as communication with them tends to run slowly. You need an attorney from a dedicated law firm to continue communication attempts and settle your case as quickly as possible.

The Necessity of an Experienced Attorney

The fact you have to ask, “how are personal injury settlements paid out” indicates how complicated this process can be. Moreover, technical language often hinders the process of healing from an injury or the wrongful death of a loved one.

An experienced New Jersey personal injury attorney can explain liens before you sign them. Our goal is to help you receive as much money as possible at the end of your case. We can also determine who is truly due reimbursement after settlement based on claims, liens, and insurance. 

Call Our Personal Injury Attorneys for Help

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.