State Farm is a major insurance company with a large bureaucracy. Because of this, the wheels of “justice” sometimes turn slowly. Although it is impossible to provide a precise timeline without knowing more about your personal injury claim, an understanding of the process can help you formulate your own ballpark estimate.
Notification and Claim Filing
Immediately after the incident, you or your representative should notify State Farm of the accident and your intent to file an insurance claim. You should then submit a formal written claim that includes relevant details of the accident and your injuries.
The Investigation Phase
State Farm will investigate your claim by collecting police reports, medical records, and other relevant documentation. It will then assess fault, liability, and the extent of your injuries and other damages (property damage, for example).
Review and Evaluation of Your Claim
Next, State Farm will review the documentation to evaluate your claim’s total value. Components of your claim might include medical expenses, lost wages, and pain and suffering. State Farm might ask for an independent medical examination conducted by one of its doctors.
Settlement Offer and Negotiations
State Farm will then make an initial settlement offer. Its initial offer is likely to be ridiculously low—far less than the true value of your claim.
Your main options are as follows:
Make a counteroffer: Your counteroffer might constitute the first of many offers and counteroffers.
Sue: If negotiations stall, you might decide to file a lawsuit, even if you still hope for a settlement.
Talk to a lawyer before you accept any settlement offer.
Resolution of the Claim
When you both agree on a settlement amount, your lawyers need to draft a formal settlement agreement. Once both parties sign, State Farm will start the payment process. From there, it shouldn’t take more than a few weeks to get your money.
Factors Influencing the Settlement Timeline
The following factors can expedite or delay the resolution of your case:
Case complexity: The more complex the case, the longer it will take to resolve.
How long it takes to reach maximum medical improvement (MMI): MMI is the point where your medical treatment is complete. You need to get to this point before you will know the full amount of your economic and non-economic damages.
Negotiations and/or a lawsuit: The longer negotiations drag on, the greater the likelihood that you will eventually need to file a lawsuit. A lawsuit will delay the final resolution of your claim.
State Farm delay tactics or insurance bad faith can delay the resolution of your claim, although there are ways to fight back.
If you file a lawsuit, litigation and the pretrial discovery evidence-gathering process can also delay the resolution of your claim.
The General Timeline of a Personal Injury Claim
The most important fact to remember about the time it will take to resolve your personal injury claim is that there is no certainty. Simple cases might settle within a few months or even a few weeks, while more complex cases could take a year or more, especially if you go all the way to trial.
Certain types of personal injury claims, such as medical malpractice and product liability claims, tend to take longer than others because of their complexity.
Monitor the California Statute of Limitations
The California statute of limitations generally gives you until two years after the date of the accident to file a lawsuit, finalize a settlement, or permanently abandon your claim. There are certain exceptions – talk to your lawyer for more information.
Contact the Encino Injury Lawyers of JUSTICENTER for Help Today
The brain is a complex organ responsible for everything from coordinating movement to involuntary processes such as breathing. Brain injuries can result in life-altering injuries that affect a person’s ability to earn a living, take care of themselves, and interact with others.
It is important for all brain injury victims and their caregivers to understand the injury and its potential impact.
There are many different types of brain injuries, but some of the most common are:
Concussion
A concussion is the most common type of brain injury. These injuries are commonly caused by blunt force trauma to the head when the victim strikes their head on an object, such as a dashboard or steering wheel. The damage can occur under the point of impact, on the opposite side of the head, or on both sides of the head, depending on the circumstances.
Penetrating Brain Injury
A penetrating brain injury occurs when an object penetrates the skull and enters the brain. For example, penetrating brain injuries can occur from gunshots or stab wounds. Penetrating injuries cause brain bleeding and brain cell death. Victims can also suffer from oxygen deprivation, which can cause them to lose brain function or die.
Anoxic Brain Injury
An anoxic brain injury occurs when the brain is deprived of oxygen. These injuries can occur during drownings. Blood vessel damage may prevent oxygen from reaching the brain, leading to brain damage or death.
Diffuse Axonal Injury
A diffuse axonal injury occurs when the brain shifts in the skull. For example, a person who is rear-ended may experience a violent jolting back and forth in which the brain collides with the inside of the skull. The brain’s long connecting fibers are torn from it, which can lead to severe brain damage.
Common Causes of Brain Injuries
Brain injuries are often caused by some external force to the brain.
Some of the most common causes of traumatic brain injuries include:
Motor vehicle accidents – Car accidents are a leading cause of traumatic brain injuries.
Shootings – Shootings are the most common cause of traumatic brain injury-related deaths.
Assaults – Intentional assaults also cause many traumatic brain injuries each year.
Sports – Contact sports like football and hockey can also result in traumatic brain injuries.
When someone else’s negligence is responsible for traumatic brain injuries, you may be able to recover financial compensation from them to pay for your damages.
3 Levels of Severity
Healthcare providers use the Glasgow Coma Scale, memory loss, and consciousness level to assign a level of severity to brain injury victims. There are three levels of brain injury severity: mild, moderate, and severe.
The Glasgow Coma Scale looks at different metrics to apply a score to a particular brain injury patient. These factors consider the patient’s ability to speak, open their eyes, and move. The healthcare provider assigns a score based on these abilities or inabilities from 0 to 15. Higher ratings are associated with mild traumatic brain injuries and lower scores with severe traumatic brain injuries.
Using this model, a healthcare provider may assign the following level of severity to a patient based on their symptoms:
Mild – No loss of consciousness or loss of consciousness of less than 30 minutes, memory loss of less than 24 hours, Glasgow Coma Scale score of 13 to 15
Moderate – Loss of consciousness for more than 30 minutes, up to 24 hours, memory loss of 24 hours to seven days, Glasgow Coma Scale score of 9 to 12
Severe – Loss of consciousness of more than 23 hours, memory loss of more than seven days, Glasgow Coma Scale of 3 to 8 for more than seven days
Each level of traumatic brain injury may also display different symptoms as follows:
Mild
Despite the name, mild traumatic brain injuries can be serious and involve symptoms such as:
Temporary loss of consciousness
Headaches
Dizziness
Difficulty maintaining balance
Vomiting or nausea
Fatigue
Difficulty thinking clearly or remembering
Difficulty paying attention
Confusion
Problems getting to sleep or sleeping too much
Sensitivity to light or sound
Vision problems
Tinnitus
Bad taste in the mouth
Feeling more emotional than normal
Feeling anxious or irritable
Young children may have difficulty explaining their symptoms. Parents should watch out for changes in their child’s behavior, such as changes in their eating or sleeping patterns. They may not play with their favorite toys or enjoy their favorite activities. They may also cry more than usual.
Moderate
Moderate traumatic brain injury victims may suffer from the same symptoms as those with mild traumatic brain injuries. However, the symptoms may be more pronounced. For example, loss of consciousness may be longer. Headaches may be persistent or worsening. Vomiting may be continuous.
Additional symptoms that victims may suffer include:
Seizures or convulsions
Inability to wake from sleep
Numbness or weakness in the limbs
Dilated pupils
Slurred speech
It is important to seek prompt medical attention if these symptoms are present.
Severe
Victims who suffer from a severe traumatic brain injury may have any of the symptoms of those with a mild or moderate traumatic brain injury. They could also be in a coma or be unable to wake up.
It is vital to get medical attention immediately following a brain injury to try to minimize the harm of the injury as much as possible.
Can a Brain Injury Attorney Help You Recover Damages?
You may be entitled to compensation if you are hurt because of someone else’s negligence, intentional misconduct, or wrongful act. Brain injuries can be expensive to treat and can have far-reaching effects.
A personal injury attorney may be able to help you pursue the following damages after a brain injury:
Emergency medical treatment and transportation
Surgical costs
Hospital stays
Diagnostic testing
Anticipated future medical expenses
Rehabilitation
Physical, occupational, and speech therapy costs
Lost wages and employment benefits
Reduced earning capacity
Disability
Psychological counseling
Pain and suffering
Emotional distress
Mental anguish
Loss of enjoyment of life
Contact the Encino Brain Injury Lawyers of JUSTICENTER Personal Injury Lawyers for Help Today
