Q: How long does it typically take for a personal injury lawyer to get a demand letter approved and sent to ins company?
I’ve been working with this firm for maybe 4-5 months. While working on my parked food truck, I was hit by a commercial vehicle which has caused 6 slipped discs and 2 herniated discs. I’ve gone through treatment, gotten injections and will have to get treatment every 6 months. I was completely not at fault. The law firm im working with has been kind of slow and honestly every time I call it’s something different. But a month ago, after they collected all medical bills, they claimed that they would have a demand letter sent by Friday. Fast forward to yesterday, I spoke to my lawyer who stated that they were waiting on approval to send the letter. My wife went through a personal injury case over 10 years ago and she says her process was simple and straightforward. I realize these things take time, but I don’t understand how a month ago they were sending it and now it needs to be approved to be sent. Approved by whom and how long does approval take? Any help would be greatly appreciated
A: I do agree, something seems off. It is generally the case that once a client's medical treatments are finished, it can take anywhere from 2 - 4 weeks to obtain all of the client's medical records and bills. Every now and then there will be difficulty getting a record or a bill but that is the exception, not the rule. Once all the records and bills have been obtained, it will take a little time (days not weeks) to review everything and write a demand to the insurance company. Ultimately, the only person who has to approve the demand is the client and that is usually little more than a brief telephone call.
A: The time that it takes to prepare a good demand depends on how complicated the case is. If you were in a commercial vehicle, have major injuries, and got hit by another commercial vehicle, your situation is complicated, and the demand will likely take longer to prepare. The demand can't really be finished until your lawyer gets all (or at least most) of the medical records and bills. So this time frame does not strike me as unreasonable. That said, only certain lawyers have the experience and expertise to handle a real trucking case (which you seem to have), even though lots of "dabbler" attorneys will take a case like that, hoping for a big payday. Always look for a lawyer who actually goes to trial. (i.e. not a law firm that only handles pre-litigation, then finds a different firm if things get tough and it looks like a lawsuit will really be necessary). If you want a second opinion, I'm sure there are lots of good lawyers who would be happy to talk to you about a case like this. Good luck!
A: Approval might be by the lawyer. Taking six months is not unusual. But it all depends on many more facts.
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