Why A Personal Injury Claim Takes So Long

“Why does it take so long to get paid for my injuries? They caused the accident and I’m hurt. Isn’t that all they need to know?”

This is one of the most frequent questions we receive at The Ticktin Law Group’s Personal Injury Department. Simply put, the answer to that question is no. Allow us to elaborate why a Personal Injury claim takes so long.

No Medical Documentation, No Dice

Florida law says that in order to receive money for your pain and suffering, a person has to have suffered a significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or death. This is found in Section 627.737 of the Florida Statutes.

For most cases, the only way that a client can show that he or she falls within one of these categories (besides death) is through medical treatment. Only by going to a doctor can a person receive documentation of the injuries. This includes:

  • Chiropractors
  • Physical therapists
  • Primary physicians
  • Dentists
  • Hospitals
  • Orthopedists
  • Neurologists

Tell an insurance adjustor that you received a permanent injury until you are blue in the face. They will never believe you without medical documentation.

Related – Breaking Down the Personal Injury Case

All About The Treatment Notes

Treatment notes create a framework for your claim. A medical provider creates them after treating for a reasonable amount of time. By looking at the notes, the insurance adjustor learns of your injuries, impairments, and the various ways your life has been affected as a result.

The Final Evaluation is the very last treatment appointment. At that appointment, the medical provider will assign a “Permanent Impairment Rating” which is a percentage representing how bad your injuries are.

Demanding The Demand Package

Have you finished treating? We now compile the medical records and billing ledgers in the Demand Package. This takes at least four months after the accident, on average. The package includes photos, the PIP Log, any and all documentation of liens, the Police Report, etc.

This process can be fairly quick. However, it can also be tedious if the offices do not provide the requested documents in a timely manner. To get copies of all the documents requires multiple letters, faxes, emails and phone calls seems like ages.

We prepare and mail the Demand Package upon receipt of all the requested documentation. The Insurance Adjustor then needs time to review everything and respond with an initial offer. It isn’t unheard of for a response to come within two weeks, however, the typical amount of time an adjustor needs before responding is 30 days upon receipt of the Demand Package.

Finally, The Art Of Negotiation

The Insurance Adjustor will start with a low-ball first offer and then the negotiations begin. Finally, this entails a series of back and forth offers and counter-offers between the parties. This also takes time.

The end result of this entire process is hopefully a settlement offer which will pay any remaining medical bills, fees and costs and still put an amount of money in your pocket which will make you feel properly compensated for your pain and suffering.

If this is not the case, then the next step is filing suit in court and beginning the litigation process. Either way, you can now see why the entire process takes a considerable amount of time to bring your personal injury claim to completion.

Related – Negotiating Your Medical Bills

Let The Ticktin Law Group Help Move The Process Along

Grant J. Skolnick, Esq.

Grant J. Skolnick, Esq.

Now that you know why a Personal Injury claim takes so long, speak with our experienced personal injury lawyers and go over all the facts of your particular claim.

Contact the Personal Injury Department of the Ticktin Law Group today by calling (561) 232-2222 or completing our contact form.

We tell you the steps you should be taking as a result of the injury, as well as the best way to proceed, and the compensation you may be entitled to.


Editor’s note: updated on April 25, 2018

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