Catastrophic injuries can dramatically alter the course of one’s life overnight. These injuries are typically caused due to a business owner’s negligence, resulting in a slip and fall accident. Depending on your age and the type of injury, it may be impossible for you to recover to your peak health and wellness. For this reason, if you’ve suffered permanent consequences due to someone else’s blunder, you can take legal action against them.
Let’s explore the details of the timeline for catastrophic injury settlements in Nevada.
What Is a Catastrophic Injury Case?
A catastrophic injury typically means you’ve suffered serious health problems as a result of someone else’s negligence. These can be due to liquid spillages in stores or a lack of warning signs around tripping hazards. Seniors over 65 are more likely to sustain life-changing injuries to their spinal cord, brain, or senses. For example, brain injuries can heavily affect your ability to perform everyday functions and lead to skyrocketing medical bills. If you’ve suffered a similar catastrophic injury, you can take strict legal action against the guilty party.
The Timeline for Catastrophic Injury Settlements – What You Need to Know
Depending on the severity of the issue and the complexity of the case, you can expect a catastrophic injury settlement to last between half a year to three years. More severe personal injury claims in Nevada are typically settled after 18 months since various complications are involved. Let’s explore the most important factors contributing to the settlement duration and entire timeline.
1. Full-Scale Investigation Led by the Insurance Company and Your Attorney
Catastrophic injuries lead to you and your legal team filing a claim against the guilty party and their insurance company. Filing a claim allows them to come up with a fair compensation value only after they’ve evaluated every detail of your case by launching a full-scale investigation. For example, if you’ve claimed to have incurred brain damage or a spinal cord injury, the insurance company must verify that you are in the same position you described. Other things they will look into include details surrounding the accident, allowing them to reach a final verdict.
If you hire an accident attorney, they will also look into your case to ensure the insurance company is not missing any key details. Their responsibility is to help you win the maximum compensation you deserve, meaning they will likely contend with the insurance company to reach a fair settlement. Since it is a legal case, your attorney will go the distance to find all the necessary pieces of evidence to make your case as strong as possible.
2. Recovery Process
Since catastrophic injuries are almost fatal, the investigation cannot be completed until your medical provider can measure the extent of your injuries. Hence, catastrophic injury claims take much longer to settle than milder personal injury cases since the victims cannot recover quickly. For example, if you sustain a serious injury that leads to a disability, the doctor may not know how much mobility you will recover, which could take months.
The settlement amount cannot be decided until your medical provider offers a clear picture of the situation. Similarly, brain injuries are even more complex, and it is not immediately obvious how much damage you’ve suffered, increasing the settlement’s duration.
3. Medical History
When looking to settle a catastrophic injury claim, insurance companies will often consider your medical history to make an informed decision relating to your treatment. For example, you may be sent to another specialist who can evaluate your condition more accurately, adding weeks or months to the settlement timeline.
What Is the Process for Reaching a Catastrophic Injury Settlement?
As we’ve discussed, without a full-scale investigation into the details of the accident, your injuries, and your recovery process, you cannot build a proper case for yourself. However, this is only half of the process since you also need to negotiate a fair compensation value. If your attorney and the insurance company cannot arrive at a settlement, the matter is taken to court. The third-party mediator then looks into the evidence to arrive at an objective truth. Let’s explore the second half of your catastrophic injury process leading to a settlement.
1. Negotiation Between the Insurance Company and Your Legal Team
Insurance companies are quick to try and reach an early settlement since that is often in their favor. If they can offer an appropriate sum at the beginning, they can often avoid the negotiation process that comes after evaluating the full extent of the damages. However, your lawyer will consider all evidence and deliver a demand package to the insurance company, asking for more compensation based on your needs. This opens up a line of communication and instigates the negotiation process to help you reach a fair settlement.
In some cases, insurance companies will not be willing to pay what your lawyer demands, and the matter might be taken to court. If you reject the settlement offer provided by the insurance company, you will have to sit in court with your lawyers and the insurance company representatives to reach a final verdict. A mediator will listen to both parties and offer their advice based on their experience, allowing you to receive a final settlement offer.
Hire the Right Legal Team for Your Catastrophic Injury Case
Catastrophic injury cases are fairly complex, depending on the severity of your injuries. Insurance companies may not agree to your compensation request, which means the process will likely be drawn out. The timeline for a catastrophic injury settlement depends on the investigation details, the negotiation, and the mediation process. For this reason, hiring the right legal team to aid your catastrophic injury case is essential.
The Bourassa Law Group specializes in catastrophic injury cases and has highly experienced accident attorneys you can work with. After evaluating your unique situation, they will build a strong case for you, resulting in a maximum settlement amount. Reach out to them at (0800)870-8910 for a free consultation.
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