The answer to the first part of your question regarding the time frame involved in settling a case differs from case to case, but generally can take six months to over a year, depending on many factors. Unfortunately, there are no set time lines to settle a case. First and foremost, it is important to get all the medical treatment necessary. An attorney cannot move forward in presenting your case until all of the medical treatment is finished and you have reached your maximum medical improvement.

When a case is ready to be settled, a number of steps have occurred in order to have arrived to that point. Some of these steps can take some time and don't fall within your attorney¿s control. Depending on the complexity of your case, collecting notarized medical records, obtaining police reports, gathering all facts related to your accident can take some time. Please note that police departments, hospitals, and medical offices receive quite a few of these requests per day. In addition, once this information is gathered and depending on the case load of your attorney, it may take some time for your attorney to familiarize himself with the facts and present a settlement package that best optimizes your chances of obtaining a comparable amount for your injuries.

Once the settlement package is sent to the insurance adjuster and depending on the case load of the insurance adjuster, your settlement package gets reviewed and the settlement negotiations begin. Please remember that all insurance companies are not in the business of paying claims, so it will take some skill from an experienced attorney to negotiate an acceptable amount for your case. During this time, your attorney will keep you informed on the offers and will recommend whether you would want to accept the offer, ask for more, or file suit.

Once you are content with the amount being offered, with your permission your attorney will accept the offer on your behalf. The insurance adjuster will send your attorney a release form that will have to be returned once it is signed by you. After this occurs, a check will be mailed to the law firm. Once the check clears, your attorney will schedule a ¿closing¿ appointment with you so that you're explained your settlement and the expenses related to your case.

The second part of your question involves payments up front for lost wages and/or other expenses. Unfortunately, this is not likely to happen. Most, if not all, insurance companies, will not pay for any expenses up front. However, if you carry personal injury protection (PIP) insurance on your automobile policy, your attorney could assist you in collecting this claim and this coverage may provide you with some emergency financial assistance.

Usually in a personal injury claim, an injured party is able to collect lost wages once their case is settled. In order to do this, the insurance company will want a Lost Wages Affidavit, or similar testimony from your employer. This document is signed and notarized by the injured party's supervisor stating the amount of lost wages the injured party has suffered. The same goes with any other expenses that you would have incurred. These types of expenses would be included as part of the settlement package your attorney sends to the insurance adjuster.

I hope this information was helpful.

Justin B. Demerath