Andrew L. Shapiro | April 23, 2024 | Personal Injury
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 need for a lawyer is essential in catastrophic injury or comparative fault cases. Please contact an experienced personal injury lawyer at JUSTICENTER Personal Injury Lawyers for a free initial consultation today at (833) 852-3600.
Our main office is in Encino, CA, but we serve all through Los Angeles County.
JUSTICENTER Personal Injury Lawyers
16633 Ventura Blvd suite 1011,
Encino, CA 91436