Healing Before Settling Your Personal Injury Claim

After being injured in an accident, the financial strain of medical bills and missed work can feel overwhelming. This pressure may affect your decision to accept an insurance settlement offer right away.

It can be tempting to resolve a claim quickly, but in the end, it may not be in your best interest. It’s important to get the treatment you need and focus on healing before settling your personal injury claim. It can sometimes take time to understand the long-term effects of your injuries or realize that your injuries are more serious than you thought.

To learn more about personal injury recovery and settlement offers, contact us for a free consultation today.

Why Healing Matters in a Personal Injury Claim

Injuries and their impact on your life can take months or even years to fully understand. In some cases, symptoms may not appear right away, making it difficult to assess the severity of the injury. For others, an injury may worsen or develop complications, requiring more extensive treatments or longer recovery times than initially expected.

Injuries can also lead to long-term impacts, such as:

  • Chronic pain
  • Physical impairments
  • Mobility issues
  • Work limitations

Without considering long-term effects, the full scope of your claim may be undervalued in the early stages of your recovery. Going through the healing process is not only crucial for your overall health, but it also allows doctors and your legal team to assess your future medical needs and changes to your quality of life, which can be included in your claim.

Understanding Maximum Medical Improvement

Maximum medical improvement (MMI) refers to the stage in a person’s recovery when their condition has stabilized and is not expected to significantly change. A doctor will evaluate your injury to determine if you have reached MMI or need further treatment.

While some individuals make a full recovery after an accident, others face permanent changes to their health and lifestyle. This is when a lawyer can help make sure things like this are accounted for in the claim:

  • Cost of ongoing health care needs
  • Modifications to your home or vehicle
  • A long-term caretaker or assistive devices
  • Assistance with activities of daily life
  • Changes to your career opportunities or trajectory

If your injuries will have a long-term impact on your life, our team can help protect your future by pursuing the full value of your claim.

The Risks of Settling a Claim Too Early

Insurance companies may offer a lower settlement at the beginning, which some people might accept out of financial necessity. It can be surprising to clients when they learn that the other party’s insurance company is not on their side and is focused on limiting the risk of their insured driver. Once you settle your claim, the insurance company is no longer responsible for other hardships that may arise later.

Our lawyers know how challenging it can be to face a lengthy recovery while bills are piling up. However, accepting an insurance settlement before reaching MMI can lead to financial challenges later on.

An early settlement may not account for your future needs and long-term suffering. Chronic pain and impairments to physical, cognitive, or behavioural functions can have a profound impact on how you live. Evaluating your losses after reaching MMI can help your lawyer pursue fair compensation that reflects these changes.

Why Your Health Is the Priority

Healing after an accident takes time. The goal of a settlement is to compensate you for your injuries and assist you in getting the treatment and care you need to get better.

Being consistent with your medical care and getting regular health assessments can make it more difficult for the insurance company to dispute your suffering or deny that your injury was caused by the accident. This can also prevent the insurance company from suggesting that your recovery was hindered by a lack of treatment or failure to seek medical attention.

What To Do While You Heal From Your Injuries

While you are healing, there are things you can do to protect your health and legal rights, including:

  • Following your treatment plan and keeping up with doctor visits
  • Tracking your symptoms, how they limit your ability to function, and any improvements
  • Alerting your health care providers to any sudden changes during your recovery
  • Keeping your receipts and records related to your medical care

Litco Law offers a client portal that makes uploading receipts fast and easy, and allows you to check the status of your claim anywhere, anytime. You can also bring receipts in if you prefer, and no matter what, we follow our 24/30 rule. This means you get regular updates on your claim every 30 days or less, and a 24-hour response time for messages and questions.

How Our Team Can Support You During Your Recovery

From day one, the goal of our family-owned firm is to do everything we can to make your life easier after an accident in Alberta. That means we put the client experience at the centre of everything we do, providing award-winning legal services with compassionate support and guidance.

When you work with Litco Law, you don’t just get a lawyer. You get your own personal legal team that will be with you throughout the course of your claim. We call this team a “pod,” and it includes a lawyer, a case manager, a client care specialist, and a legal assistant. Together, they’ll go the extra mile to make sure you feel safe, confident, and cared for during the claims process.

During your recovery, our team will handle every step of your claim, including communication with the insurance companies. We’ll protect you from any insurance tactics that might make you feel pressured to accept a settlement before you’re ready.

When Is the Right Time to Settle Your Personal Injury Claim?

Because every injury claim is unique, the right time to settle will depend on your recovery timeline. Factors to consider before settling include:

  • When your treatment is expected to be finished
  • Ongoing symptoms and their severity
  • Assessments from your doctor and medical specialists
  • Needs for ongoing or future medical care

Waiting until you reach MMI to evaluate the overall impact of your injury before accepting a settlement helps to ensure you aren’t settling for less. This can be a collaborative process between you, your doctors, and your legal team to make the most informed decision for you and your loved ones.

Alberta’s Limitations Act typically sets a two-year deadline from the date you were injured to file a claim or your right to compensation is lost forever. An experienced lawyer can handle the legal steps of your claim, such as meeting deadlines, filing your claim, and guiding you through the settlement process. This is often happening while you are in recovery and before you have reached MMI.

Frequently Asked Questions

Below are answers to some of the questions we often hear about the personal injury settlement process. To get answers specific to your situation, reach out to our team anytime.

Consult your doctor and legal professionals to understand when you reach the maximum recovery for your injuries. At this point, your lawyer can better assess the full scope of your losses and future needs to include in your claim. We know this process can feel overwhelming, but don’t worry—your lawyer will help you determine when is the best time to consider settling.

After you settle your personal injury claim, you generally cannot pursue additional compensation for other expenses that come up later. This is why it’s important to include current and future losses in your claim before settling.
An experienced lawyer will carefully evaluate how your injury has and will impact your life, and whether a settlement offer accurately reflects those losses.

Yes, you can accept a settlement offer at any time during the claims process. However, it may be in your best interest to work with a lawyer and wait to reach maximum medical improvement (MMI) to recover fair compensation for all the ways you’ve suffered, which may not be fully accounted for if you settle too early.

Ultimately, the decision to settle is yours, but an early settlement can leave you with more of a financial burden down the road. Speak to a lawyer about resources that can help you get through your recovery before accepting a settlement offer.

Our team covers the cost of disbursements, which are out-of-pocket expenses related to your legal claim, such as court filing fees and the cost of obtaining police reports and medical charts.

Ready To Talk About Your Claim?

Contact Lawyers You’ll Love today. We’ll stand up to powerful insurance companies who may try to pressure you to accept a settlement that is less than you deserve. We will guide you through the process with kindness and transparency, allowing you to focus on getting better after an accident.

Call (403) 273-8580 or contact us online for a free consultation. We provide free legal answers, explain your rights and options, and help you find the solution, even if we’re not it.

If you decide to work with our Alberta injury lawyers, you won’t pay us anything while your claim progresses. Our fee is a percentage of the settlement we recover for you, and you’ll know that percentage before you ever hire us.

Reviewed by: The Litco Law Legal Team