How Long Does It Take To Settle A Personal Injury Claim
It is possible to settle personal injury cases quickly. Fair compensation might take time.
What if your personal injuries case is not moving quickly enough? It might be tempting to wonder if it is possible to settle your case quickly even if you are required to pay less. It is possible, but it doesn’t necessarily mean that it’s a good idea.
How long does it usually take to settle a personal injury claim? You can settle your personal injury claim quickly but this usually means spending less. It is important to consider how much you will be giving up. Let’s take a look at why settlement may be taking longer than usual and why you might want to think twice about making a quick settlement.
Why is it taking so long to settle my personal injury case?
Three main reasons the timeline for a personal injury claim may drag out are:
There are legal and factual problems
The case involves significant money or
You have not reached the point of maximal medical improvement.
These situations will mean that your case will take time to settle unless you’re willing to spend pennies to resolve it. Let’s have a closer look. How long does it take to settle a personal injury claim after you send a demand for settlement?
Problematic issue with the case
What are the problems we’re talking about? Two main factors determine the value of a personal injuries case: liability ( who was responsible) or damages ( how severely was the plaintiff hurt).
If it is difficult to prove liability (e.g., the parties and multiple witnesses say different things), the adjuster will not make a reasonable settlement offer unless the plaintiff’s lawyer has shown a willingness to fight.
This can be done by filing a personal injuries lawsuit and hiring liability specialists to show the exact fault of the defendant. The insurer may not make a significant offer on the case if there are legal issues (i.e. the insurer believes you don’t have the legal right to sue).
Alternately, damages may also be a problem. The treating physicians might not be sure that the defendant’s negligence caused plaintiff’s injuries. The insurer will not make a reasonable settlement offer unless your lawyer can present a doctor who can testify that the defendant caused your injuries.
This case involves “Big Money”
A case that involves substantial damages (or a lot of money) can also delay settlement. After doing their research, insurers won’t pay a lot of money for a settlement. This means that they must investigate every aspect of the case to ensure that they are certain:
They don’t have a strong defense for your claim
Your injuries may not be as severe as they seem.
They cannot undermine your credibility.
Insurers will sometimes delay the settlement of a large case to see if the plaintiff will accept less money. Some claimants can’t wait long to receive compensation. Insurers are aware of this and will wait for compensation. Learn how to negotiate the best personal injury settlement.
You have not reached maximum medical improvement
Another reason settlement may take so long is because you are still receiving treatment. You should not settle a personal injury case unless you are at the point of maximum medical improvement (MMI). How to file a personal injury claim?
MMI is a way to say that you are as competent as possible and that you and your lawyer are able to evaluate your case. The full extent and nature of your injuries , as well as their impact on you life, may not be as apparent if you are still being treated.
You may be able to see that your case is worth more if it was settled immediately. What should you settle for?
Short settlements are not subject to any set of rules. If your case reaches the end of a court trial, the settlement offer from an insurance adjuster might be between 30-40 percent and 40% of what you would receive. A personal injuries lawyer can help you to understand the risks and how to quickly settle a case.