Factors That May Prolong Settling a Personal Injury Case
Posted on behalf of Gordon & Partners on Jan 02, 2020 in Personal Injury
One of the most common questions that personal injury victims ask is: how long will my case take to settle? Since every case is different, the amount of time it will take will depend on several factors, some of which can cause certain cases to take longer to resolve than others.
A West Palm Beach personal injury lawyer from our firm is prepared to answer any questions you may have about the legal process during a free consultation.
Length of Medical Treatment
Generally, your personal injury lawyer will not recommend that you settle your claim until your injuries have healed or you have reached maximum medical improvement. Once you reach this point, it will be easier to calculate the medical expenses that you have incurred so far and estimate your future anticipated expenses.
The longer it takes for your medical treatment to conclude, the longer your claim will likely take.
Insurance Claim Delays
Another important factor that affects the timing of a personal injury claim is the insurance company that is involved. Some insurance companies can efficiently handle claims and you may receive a settlement faster with them while others may drag their feet.
The negotiations process can also prolong a settlement. The insurance company will likely offer you a low settlement at the beginning of the process in the hopes you will take it. The insurance company’s main goal is to pay out as little as possible.
If you reject this offer, your lawyer could negotiate to get a better offer from the insurance company. The insurance company may then take days or weeks to respond. This process may continue until you and the insurance company reach a compromise.
Liability is the legal responsibility for certain acts and is determined by state law in personal injury cases. It often comes down to negligence, which is when a person or entity acts with carelessness to such an extent that it causes a victim to suffer damages.
When liability is clear, the insurance company will be more likely to settle because it does not want to take the risk of a jury awarding a greater amount to the victim. However, if the insurance company believes that you were partially responsible for the accident or liability is unclear, it may not want to settle the case. If your case goes to trial, this process may take a year or longer.
Substantial Compensation Involved
When substantial compensation is involved, the insurance company will likely delay paying money out on a settlement until they have thoroughly investigated and analyzed every aspect of the case.
To receive a payout, you will need to convince the insurance company of the following:
- Your injuries are severe and you are not exaggerating them
- You will appear credible in front of a jury
- The insurance company does not have a good defense against your case
Requesting Medical Records
Your medical bills will likely make up a substantial part of your case. Your personal injury lawyer will need to request your records, review them and compile a summary of your treatment and expenses to provide to the insurance company. It may take several weeks or months to obtain all of these records.
Reach Out to Our Firm for More Information
The legal process can be overwhelming and time-consuming. You may be dealing with a serious injury and your medical bills are mounting because you are out of work. The insurance company knows you are in need of these funds and will try to exploit this fact to settle your case for less than you are owed.
This is why we recommend that you consult with a lawyer who has experience recovering fair compensation for personal injury victims. The legal team at Gordon & Partners is ready to review your situation and determine whether you may have a case in a free consultation.
Call 1 (855) 722-2552 to get started. No upfront fees involved.