Photo Credit: Mercy Health, Flickr.

The most frequently asked question by my clients is how long it will take to finalize or resolve their personal injury case. It is important to understand that each case is different. Each one is typically resolved based upon its own unique set of facts. However, there are certain guidelines which do apply.

If a client undergoes medical care for a muscle straining/spraining type injuries (i.e. whiplash injuries) which require weeks or months of physical therapy and follow-up examinations by their physician, typically they are in a position to have their case resolved within 30-60 days from the time that the individual is pain-free from their injury related symptoms.

However, those individuals who suffer more serious injuries to their spine or joints (i.e. internal injury to the knee, rotator cuff damage to the shoulder or spinal damage) usually involve a longer period of time in order to determine the full nature and extent of their injuries. Whether the injured party will require surgery and then wait until the surgery is performed in order to make sure that an optimum recovery has been attained with no complications.

Often, it is possible to resolve an injured party’s case, prior to surgery, if a determination is made regarding the amount of the policy limits in effect at the time that the incident occurred. It may be possible to resolve the case for the same maximum insurance coverage prior to surgery, which typically would be offered after the injured party undergoes surgery and incurs the additional medical expenses.

The distinction is that if the case can be resolved prior to surgery, then the injured party can avoid providing reimbursement to their healthcare provider for the costs of the hospitalization and related surgery. This distinction only applies for private insurance carriers and not to Medi-Care.

An experienced personal injury attorney, can discuss with you the options available to increase the net recovery that you are entitled to in order to avoid having you incur unnecessary reimbursements, court costs and even legal fees.

Cases that settle prior to trial involve a lower attorney fee.

If you have any questions regarding the options available to handle your case, in order to pursue the maximum recovery you are entitled to, please contact the offices of Gary Sernaker.