When Do You Start Collecting Pain and Suffering?
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Accident victims can start collecting pain and suffering awards and awards for other inconveniences when their claim or case closes. The process for the distribution of funds takes time and depends on how your case was resolved. A personal injury lawyer familiar with civil claims and lawsuits can help you better understand how compensation works.
The process of receiving your compensation for pain and suffering generally takes about six weeks, but the true timeline may vary. As you pursue compensation, it is important to practice patience and be prepared for potential problems along the way.
Your Lawyer May Negotiate a Settlement with the Insurance Company
Your personal injury lawyer may be able to negotiate with the insurance company for a settlement. Many personal injury cases reach a settlement out of court, saving everyone time and money.
The negotiation process can resemble a tug-of-war, in that your lawyer may debate what type of compensation you deserve, and the insurance company may argue what they are willing to pay. The insurance company might even try to underpay or deny your claim. They may even try to blame you for the accident that caused your injuries.
Personal injury lawyers know how to watch out for these tactics and counter them during negotiations. If they can reach a settlement with an insurance company, several things must happen before you receive your money.
Most insurance companies have you sign a release form. According to Virginia Code §8.01-425.1, this type of form ensures you do not pursue civil action against them in the future. The form releases the insurance company from any further obligation for compensation.
Understanding the importance of such a form is essential to your case. You must acknowledge that accepting a settlement offer closes your claim and prevents further legal action. Without legal representation, it is possible to become confused, sign the release, and unknowingly forfeit the right to pursue civil action later if your medical condition worsens.
Many personal injury lawyers only collect their fees if they win your case. The legal fees owed for winning your case are generally deducted from the compensation you receive.
To do this, your lawyer may deposit the check into a special escrow account. From there, they can settle any liens or debts you owe, including their attorney’s fee.
A personal injury lawyer or a member of their team may explain the process for receiving your funds and making payments from an insurance company settlement.
Judge or Jury Award
If your lawyer does not secure a settlement out of court, they may proceed to trial. Upon the conclusion of your trial, a judge or a jury will decide what award you will receive, if any.
A decision granting a financial award for compensation and actually receiving the money are two different things.
For one, the defendant may claim they do not have the funds to pay the court-ordered compensation. This may result in a new series of legal battles, as your lawyer explores all possible avenues for collecting the awarded amount.
In some cases, collecting compensation owed may come down to garnishing wages. Forcing compliance is something your lawyer may need to do to secure the compensation awarded to you.
There is no quick fix to securing a large sum of money from someone who does not have the funds necessary to pay the award. While a quick fix to your financial hardship is not always possible, not giving up is the best choice for a positive outcome.
You May Be Entitled to Other Types of Compensation
In addition to “pain and suffering” and other inconveniences, you may be entitled to collect compensation for:
- Medical costs associated with your immediate care following an accident
- Ongoing medical costs connected to your need for continuous treatments and care
- Lost income from time spent away from your job to heal from your injuries
- Reduced earning capacity if your injuries prevent you from returning to the job you had before the accident
Your Lawyer Can Fight for You
If your medical costs keep accumulating, and your inability to work has left you feeling depressed, pursuing compensation might be an urgent matter to you. Experiencing a personal injury due to someone else’s negligence may have left you with multiple damages, and your concerns about collecting compensation may be your top priority.
The circumstances involving your personal injury and determining liability for your harm is where we can help you. There is no guarantee of securing compensation. However, a personal injury lawyer aims to fight for you and negotiate a settlement that fairly covers your losses.
Speaking with an insurance company without legal representation might lead you to accept less money than what you are entitled to receive. If you work with a personal injury attorney, they can calculate your total losses and use that figure to fight for what you need to recover from your losses.
Parrish Law Firm, PLLC, Helps Accident Victims from Start to Finish
There might not be a fast solution to recovering from your accident injuries. The same may be true when it comes to recovering from financial losses.
Accident victims may start collecting pain and suffering awards and awards for other inconveniences when their claim or case closes. The process for collecting a check is something a member of our team can describe to you in detail.
If you suffered serious harm due to another person’s negligence, contact our law firm. Our team will work hard to fight for compensation on your behalf, whether through negotiations with the insurance company or in a civil lawsuit. Call the Parrish Law Firm, PLLC, now for your free case evaluation at (571) 729-1800.