Personal Injury Lawsuit- Step by Step Timeline: Kelly Law Team

– This is John Kelly
from the Kelly Law Team. I wanna talk to you about
a personal injury lawsuit and a step-by-step
timeline of what to expect. So in full disclosure,
every case is different when it comes to timelines, but all of them have
some things in common. I’m gonna go over in general
what you might expect if you’re in an injury case and the timelines to
expect what to happen. We’re gonna go
down the list here. The first thing is the
accident, the actual injury. Within 10 minutes
of the accident, you can expect that
you’re gonna be going through the scenario
of calling the police, getting your witnesses there, possibly getting treatment
for your injuries, if you’re injured badly you
may have a hospital called and an ambulance
coming out, 911. So that’s a scenario, but
within the first 10 minutes you wanna if you are able to,
make sure you get a report. So if you’re on the
roads, you wanna call 911. If you can get the police to
come out to take a statement. If you’re on someone’s property, you wanna notify
the property owner. If you are in a
commercial business, you wanna call for a manager and have them take a
report of what happened. So you wanna start getting that documentation
within 10 minutes. Within one week of this injury, you want your medical
treatment set up. You may have already
had that done, hey, if you were transported
via ambulance to the hospital, obviously that’s all gonna
be getting done already, you would have your
referrals after the hospital. But if it’s a more minor injury and you’re feeling
pains and angst and you need to
get some treatment, don’t put it off
longer than one week. So within one week, you can
expect that you wanna be to your primary care
doctor, or another facility that helps with injured patients and starting to get
that documentation. The sooner the better on that, because insurance companies,
they love to claim that you weren’t injured
because you waited too long and there’s a lot of people
that just like to fight through their injuries and say, you know maybe it’s
gonna get better, but you want that documentation. Within one week
too, you can expect that it’s a good idea
to reach out to a lawyer for at least a
free consultation. Most lawyers including
myself will talk to you about what you’ve been through, what
to expect with your injuries, what to expect to with
the insurance companies and that’s the important one. So you wanna reach
out to a lawyer, least get a consultation. You may wanna hire ’em later, you may wanna hire
him right away. Really doesn’t matter, at
least get a consultation ’cause it’s free and it’s gonna
give you some good advice, especially given
your jurisdiction. And if you’re in Arizona,
there’s different laws then if you’re in California. You kinda wanna know. Next and that kind
of goes with it, is speaking to the
insurance companies. If there’s insurance involved
with say an auto accident, they may be calling
you within one week, so usually one to five
days after the accident. They wanna get a statement. They possibly wanna talk
to you about your injuries. They may even wanna try
to make you an offer. Those are things to expect. Insurance companies will
start reaching out to you. If you haven’t
reported it to them, someone else may have reported. That’s why the consultation with an attorney is a good idea. Generally, you don’t wanna make a statement
about your injuries. You can tell ’em,
look I’m injured. I’m looking at possibly
retaining someone. Property damage, that’s again, within one week to four weeks,
right after the accident, you can talk to a
property damage adjuster about your vehicle, what’s
going on with it, where it’s at. Get that out of the way. Typically, I have my clients
try to get that resolved within the first two
weeks of the accident so that they’re in a new
vehicle if they can drive. They don’t have to
worry about that. If it’s on a premise,
property damage doesn’t necessarily come
into play quite as much, but that’s something
that can get settled, out of the way before
anything else takes place. Now we’re a couple
of weeks into it, you’ve already got
your treatment set up. You’ve reached out
to an attorney. You’ve talk to the
insurance company, at least have a claim number. Follow back up with
the investigation. Get the police report. So within one week, you wanna
try to get that police report. Now, some agencies
will tell you, look, the reports
are only available 10 days after the accident. If it’s a more serious accident, they may say it’s
gonna be 20 days until we have this report ready. But you wanna follow
up with the detective and ask him when that
report’s gonna be ready and get that report
as soon as you can because there’s gonna be very
key information in the report and if you had an
accident on a premise, you wanna try to ask the
manager for their reports. And get any kind of
documentation you can, witness statements,
people lined up so that if you do need
to litigate the case, you’ll have that information, documentations already
gonna be getting set up. Treatment, now this is usually the longest portion
of your claim. From the date of the
accident, you may treat for a week and then
you may be better. You may just go to the
primary care doctor, get some pain pills
and then you’re done. More likely, it’ll
be three weeks, three months, up to a year. I even have some clients
go up for two years with their treatment status. Now, the one thing
you wanna know is your statute of limitations and it’s different
in every state. You may have a one year
statute of limitations, you may have a two year, and depending on the kind
of accident you have, it’ll be different. But you have to bring a lawsuit within the statute
of limitations. If you have a two year
statute of limitations and you’re treating
for a year and a half, you gotta know,
you may be having to reach out to an
attorney to get them to file a lawsuit on your claim. And if you’re treating
for that long, you’d hopefully probably have
a lawyer retained by then. But, the treatment phase
is usually the longest and you don’t need
to worry too much about the insurance
companies during this time. Just getting better,
you’re progressing, you’re keeping
your documentation. If they’re calling you all
the time, asking for updates, it’s not really a great thing. You probably wanna just tell ’em look, I’m treating, I’ll
tell you what happened at the end of the claim. So then after you’re
done treating, that’s the collection
of the records stage, and the summary
of your treatment. That could take
another week or two for you to get all
those records in. One practice point, if
you go to the hospital, you wanna request those
records right away. They can take up to
three months to come in, so if you go to the hospital, just recognize that it
can take a long time for you to get those records in. Order those right away. But when you’re done
treating with everyone else, say you go to physical therapy. After you’re done treating, that’s when you want the full
bills and records from them. Once you get those full
bills and records in, your hospital visit
if you have it, any other records related,
the ambulance bill. You wanna include
every single thing. That’s when you get
to the stage of, now you’re in demand. That could take you a
week to put together, get a summary of what
you’ve been through, demand on the insurance company. What I typically
give them, is 30 days from the date of the accident
to respond to my demand. It could take up to 45 days, they sometimes ask
for extensions. But then you should be getting
an offer in on your case. Once you get an
offer, you can expect at least a couple of weeks for
negotiation back and forth. Sometimes it can go faster
if they make a fair offer, you may get it done within
the first couple of days. But, you wanna try to get as
much as you can from them. If you are able to settle
the claim at that point, they then typically will
send you out the checks. It may take a week or so
for you to get that in and to get that
all taken care of. Now, always remember
you also possibly have liens to take care of. If you have a hospital visit, you’ll wanna
negotiate those liens. If you have providers that
have worked on a lien, like your physical therapy, you may wanna call them up and negotiate those down
as much as possible. Again, if you do
have hospital visits, a little more serious injury, it’s probably a good idea
to talk to an attorney ’cause they can work your liens and make sure you know that you’re not gonna
settle your claim and then realize that you
have a big medical bill due and owing to the hospital, ’cause they can kind of bite
you at the end of the case, where they say, well
your insurance paid a certain amount
to us but we can do what we call balance billed and that’s possible in Arizona. Just make sure you’re
getting all those things taken care of at that
point of settlement. Now at that point,
your claims done, you’re through
the whole process. It may have taken you a year, it may have taken
you four months. It may have taken you two years. But hopefully you were able
to do that and avoid ligation. If you do have to
go to litigation, that’s a whole nother
timeline, for another segment but it can go on for years. It could be a year, could be
two years with litigation. That’s probably
for another video. If you have any
questions about this, just feel free to call me. It’s Kelly Law Team. You can call me at 602-283-4122. Thank you.


  1. Soft tissue injuries only. Left contusions of chest, hip, leg. Scar on arm. This accident was over a year ago. Offering $1250.00 plus medical. Do you think this is fair?

  2. I was injured at work by a home owners guard dogs. She let them loose while I was in the back working after promising to not let them out in writing. Its been 2 years and rhe case is still pending. They also offered money but uts not enough. Why is this taking so long?

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