It depends. We all would rather have money sooner than later. But, if you settle too soon you risk settling short. Settlements are final. Thus, you should not attempt to resolve your Oregon personal injury claim before the full effects of your injury and impact to your finances are known. Again, you won’t get anything more once a claim is settled.
At Rizk Law, we usually first attempt to resolve cases with a fully substantiated demand letter, which seeking a response within 30 days. (We dont bother with demand letters where it has become apparent that settlement is not viable.) Then, with client approval, we attempt to negotiate a settlement. If settlement is not possible, we typically recommend filing suit and proceeding to trial. Oregon’s statute ORS 20.080 provides an opportunity for a settlement within 30 days of a qualified demand for cases under $10,000. For this reason, smaller cases can often be resolved much faster than big ones.
Even though you never want to settle before knowing your damages, you don’t have forever to resolve your claim. In Oregon you must either file suit or settle your personal injury claim within 2 years of the date of injury. If your treatment continues beyond two years, your attorney should ask your treating physicians and surgeons should provide estimates of any future treatment so that cost will be considered in any final resolution. Once a lawsuit is filed in an Oregon Court, the case will be set for trial in one year. Question? Call me, Richard Rizk at 503.245.5677 for a free consultation.
