How long will it take for me to get compensated for my injuries?

January 24, 2025

We are often asked how long it takes to be compensated for your injuries. We addressed this in FAQs but wanted to provide more detail here.


Q: How Long will it take for me to get compensated for my injuries?


A: Bottom Line Up Front: As little as 14 days all the way up to 3 years or more.


The Long Answer: Each case varies, and it depends on some factors that are within your control and some that are not within your control. I find it is best to describe the situation as I conceptualize it, which is in a few different ways: (1) The football analogy, (2) Linked to specific triggering events, (3) comprehensively including the desires of varying people:


The football analogy: I find this explanation to be useful in that it frames the timeline as a ball being passed back and forth, which is a major component of the timeline of any given case. Because attorneys provide value to our society in our ability to resolve conflict, framing the case as a competitive event like football can be helpful to people. The first thing that happens is the collision occurs, whether it is a car v. car, truck v. car, car v. motorcycle, truck v. bicycle, car v. pedestrian or an unlimited number of different variations of that circumstance; the key is that there is some sort of damage caused by the bad act of another person and a potential payer to cover the damages. The ball starts there with the injured person. If the injured person does nothing for long enough then the situation is over and there is no conflict among humans, the football game just sort of ends. If the injured person decides to try and get compensation for their injuries, then they move the ball by asserting that fact (i.e. making a claim for recovery). Once that happens the ball goes to what the law calls the tortfeasor who is typically the at fault party. If the at fault party agrees that they are responsible for the damage and agrees with the amount claimed they have a couple of choices: (1) pay the claim in full, (2) try to pay less than what they agree they owe. If the at fault party either chooses to try and pay less (which is typical, especially when dealing with insurance companies and non-economic damages or pain and suffering) or they disagree that they are responsible or think there is some split responsibility or some other type of legal defense then you end up with a conflict. Either the claimant can yield, or the at fault party can yield, or they can come to an agreed compromise or as a backstop to resolve this conflict the claimant can take the case to court and use the power of the government to force the at fault party to pay the claim in full if the claimant proves to the court and/or jury that they are entitled to what they are claiming. So in essence the football moves back and forth between the sides during the conflict resolution process and when the ball is in your court if you move quickly you can speed up the process, but you can’t do a lot if the other side is choosing to try and run down the clock (i.e. waiting 30 days before responding to a claim so that they can conduct an investigation).


Linked to specific triggering events: another way to understand how long a case will take is in average ranges after specific triggering events. Typically, you can’t resolve a claim until you know your damages and because damages are trying to measure the difference between what your life is like now versus what your life would have been like if you had never had the collision and because no one knows the future, you generally can’t even know your damages until you are either healed from the crash, or have reached maximum medical improvement (usually determined by a medical professional). Depending on your injuries, no one really knows how long that will take. Sometimes people heal quickly, sometimes it is very slow. Once the triggering event occurs, in my office, we request medical records, and we assume about 30 days from the request that we will have received those records. From there, if the records are small and easily managed it can be 48 hours before we have a synthesis done, or if there are a lot of records it can be 30 days before we have a synthesis complete. Once the synthesis is complete, we have several data points for your damages which are diagnostic codes, cost of treatment, length of treatment, etc. We then can draft a demand which will typically take a few hours, up to about a week. Once drafted we send that to the client for approval which gets approved or modified depending on how quickly the client approves or requests modification for the demand. After it is reviewed and approved, and the person has spoken with their attorney about what it means to send a demand we send out the demand. Typically, it will take about 30 days for the at fault party (usually through their insurance company) to review the demand and make an offer for resolution. If the offer is acceptable then we just need to accept, get a check, sign release documents (promising not to sue after you receive the money) complete a distribution (a document showing where the money is going to ensure there are no outstanding medical bills we aren’t tracking) and once that is signed we issue a check and the money should be in your bank account as soon as you deposit the check. That process can take up to 30 days, but usually not faster than a week. If in the alternative, the offer for resolution is not acceptable then we need to begin the negotiation process or decide to sue. That process continues until either the offer is acceptable, or, in the alternative, we proceed through a jury trial. Each triggering event causes the next process to initiate which is somewhat predictable within ranges.


Comprehensively, including the desires of various people: This explanation really requires an attorney to talk with a person and truly try to understand what the person wants, lay out a plan for how to achieve it, and then execute that plan. Along the way things will go faster or slower to the degree that the desires of the other side of the conflict (insurance companies and at fault parties) are in line with the desires of the claimant. If both sides are reasonable and diligent that can be near instantaneous, if both sides have very different views about what the outcome should be then it can be dragged for years. I know this long answer is a very long answer, if you have more questions feel free to give us a call and I will try to help.

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Bottom-Line-Up-Front: We gather factual information about the accident to build legal claims and protect legal rights. The Long Answer: If you haven't already, start with Part 1 ! Welcome back again, to recap, we are discussing the theoretical scenario where my little sister Katherine was hit by a drunk driver in Salem, Oregon and I am walking my way through what I would do to help her navigate the legal aspects of this issue. We left off with what I would consider the mid-point of this issue wherein both a criminal case is pending and Katherine is letting the dust settle on her injuries. In my mind this is where the dust begins to settle in these types of situations and they really should be organized from the vantage point of each particular case. Let’s begin with the criminal case because it will likely move faster than the civil case. 9. The Criminal Case Decision Making is a Democracy In Oregon under the Oregon Revised Statutes (“ORS”) we use a system of public prosecutors and the guidelines are generally set out in ORS chapter 8 . By way of example ORS 8.660 states in pertinent part that:
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Bottom-Line-Up-Front: We gather factual information about the accident to build legal claims and protect legal rights. The Long Answer: Many times, as an attorney I am asked “Is it legal?” and the difficulty with answering that question is that because there is so much missing essential information, I am unable to answer beyond “It depends”. So the real answer to this question is it depends on what step in the process the person reaches out to a personal injury attorney. Stated another way, what I actually do changes depending on what has already been done and what remains to be done. Thus, in order to get the right information out there, I am going to use a hypothetical scenario where my little sister “Katherine” calls me as soon as a DUII crash happens. To set the scene; just after 5 pm on a Friday I get a call from Katherine who tells me that she was just rear-ended by a drunk driver near Salem, Oregon. 1. Safety First First, I would make sure she is physically ok and in a safe place. Just because something bad has happened doesn’t mean it cannot get worse and ensuring physical safety (like getting out of the road; stopping any bleeding) is secure is the priority. Next, I would want to know if the police have been called. If not I would call emergency dispatch (911) and let them know that there is an injury crash at the location provided by Katherine and that the driver of the other vehicle appears drunk. I would do that via a 3-way call so that both me and Katherine could talk with dispatch. Notably, I would be aware that because 911 calls are recorded in Oregon, that whatever we said to the 911 operator would likely be evidence in a future court hearing. 2. Document the Crash Next, once I was sure that physical safety was secure and that police were on the way I would advise Katherine to start taking pictures or video if she was physically able. I would be looking for pictures of the scene, the vehicles, as well as any physical injuries. Next, I would begin the process of capturing as much contact information as I could. Certainly, we would need the information of the drunk driver, but additionally we would be looking for the contact information of any other witness to the crash or its aftermath including passengers in Katherine’s vehicle or other people standing or driving by. Further, we would want to be sure to get the name, badge number and agency of any police officer on scene as well as any paramedics or other ambulance or fire personnel. Additionally, I would want the contact information and company name of the tow truck driver of any vehicle that was towed from the scene. 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Bottom-Line-Up-Front: Because if we don’t care about our community, no one else will. The Long Answer: 1. Does Community Involvement Matter at all? Stated another way, this questions whether or not what we do has any impact at all on our communities. I think the answer to this question is clear that obviously we do. Sometimes it feels like we try hard to make the community better, and larger forces seem to make the community worse despite our efforts. But I am always reminded of Margaret Mead’s quote: “Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has.” 2. How do we know that the involvement we intend to engage with will be a net positive to our community? Stated another way: “I know I am out here doing stuff (like giving $20 to a panhandler); but how do I know that the impact of what I do will actually be good (like the panhandler will not immediately use the $20 to buy beer, get drunk and punch someone)?” I struggle with this question daily and I think the struggle is the best we can do. We do not know the future and “The Good Place” TV show made a very compelling case because our modern society is so complicated and interconnected, there is no way for us to even know the true consequences of a choice. So, the best answer I have been able to come up with at this point in my life is to try and define what good is and to the best of my ability to evaluate every opportunity for community involvement to determine whether it is or is not good. I don’t have (and probably cannot get to) certainty in this realm because of the limits that we have as humans in modern society to determine the full consequences of our actions, especially when they only manifest themselves in the future. 3. If community involvement does matter, and we have identified a way to determine that our actions have a positive effect on our community, why should we care enough to actually do it? This is where I begin to really love this question and to truly enjoy the fact that I have the opportunity to work at Hunking Law. Modern business includes a healthy appreciation for “goodwill” that a brand has generated within the community. This is because people will buy products from companies they like before they will buy equal products from companies they do not like. Thus, I am blessed to be in a position where I get to spend time helping my community, and it also happens to be a justifiable use of business time. Additionally, because attorneys resolve conflict on behalf of humans, I spend a lot of time engaged with human conflict. As a result, it is a very welcome reprieve to go and repack diapers with the United Way of Lane County or help Corvallis Housing First as opposed to engaging with human conflict. Thus, I can additionally justify spending Hunking Law time on community involvement by the impacts it has on my employees (and selfishly, myself). Further still, my firm is filled with very competent people who would likely be very good at any task no matter what we decided to focus our attention on. I often say that we would be very good medical debt collectors if that is what we chose to do with the firm. But because we recognize that we can pick whatever mission we want (so long as it works within the bounds of capitalism) we get to choose how we spend our time and we chose the mission: “To export the greatest amount of justice, goodness and fairness as we can into the world.” Because I am blessed to work with good people who would choose to spend their time working on that mission, we get the pleasure of being able to spend our time helping people resolve car crash cases against insurance companies. I get to help an individual person each day deal with what is potentially the worst experience of their lives. And on top of that I get to go out into the community and make it better and safer and hopefully to make the future a little brighter. As a result, not only does community involvement matter, but I get the privilege of being able to spend my time and money on community involvement to try and make the Willamette Valley the best community it can possibly be. What is Hunking Law doing right now to support our community? Now through June 26th, we are collecting grooming and dental care essentials at our Corvallis office in preparation for Vina’s Back to School later this summer to ensure Benton County students have what they need to be confident and comfortable in the classroom. See this video if you’d like to learn more about how you can help!
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