If you’ve been injured in an accident and don’t want your case to go on for months or years, what can you do? Even if you accept less money, you might wonder whether you can just resolve your case quickly. That doesn’t make it an effective plan, however.
Personal injury claims can be settled rapidly, but this usually results in a lower settlement amount. When making a decision, the most significant factor is how much you’ll be sacrificing. See why settlement may be taking longer than normal and why you should probably think twice before accepting a fast settlement.
To what end is my personal injury claim being held up?
A personal injury claim might take months or even years to resolve due to a number of factors, including:
There are concerns of law or fact that need to be addressed.
Either a large sum of money is at stake, or your health has not improved to its fullest potential.
Your case will simply take some time to settle in these circumstances unless you are willing to compromise for less than you are worth. Let’s investigate further.
The Case Has a Problem
Do you know what kind of issues you’re dealing with here? Liability (i.e., who was at fault) and damages are the two most important considerations in determining the value of a personal injury claim (how badly was the plaintiff injured).
Unless the plaintiff’s counsel shows a willingness to fight by filing a personal injury case and paying liability specialists to explain exactly how the defendant was at fault, an insurance adjuster is unlikely to make an acceptable settlement offer if culpability cannot be proven. An insurance will not make a major offer on a case until a judge rules on your legal right to sue, for example, if the insurer believes that you do not have the legal right to sue.
It’s possible that there will be issues with damages. Even the treating doctors may be unclear as to whether or not a negligent act by a defendant resulted in the plaintiff’s damage. Until your attorney can show that the defendant’s behavior (or omission) caused your injuries, the insurer will not make a fair compensation offer.
“Big Money” is a factor in this case
When a lawsuit includes considerable damages, it may take longer to reach a settlement (a lot of money). Insurance companies will not make a substantial settlement payment unless they have performed extensive research. That involves looking into every facet of the issue to the point where they are sure of one thing:
They can’t mount an effective defense against your allegations.
Your injuries are as bad as you claim, thus your credibility will not be questioned despite your claims.
A large case may be delayed by an insurance company to see if the plaintiff will take less money and give up. Some claimants are impatient and need their money right away. Insurers are aware of this and will do their best to hold off until the situation improves. Get advice on how to get the greatest possible settlement for a personal injury case..
Because You Haven’t Reached Your Maximum Medical Progress
The fact that you are currently receiving medical care is another valid reason why settlement may take a long time. A personal injury case should never be settled before the plaintiff has recovered to the point of maximum medical improvement (MMI) from his or her injuries, if that is an option.
MMI signifies that you and your lawyer know exactly how much your case is worth. If you’re still in treatment, it’s impossible to know the full depth of your injuries and how they’ve affected your life.
Having To Make Do With A Small Amount Of Money
Suppose you’re aware that waiting for the right settlement could increase the value of your case, but you need the money now. How do you come to a decision on what to accept? You talk to a specialist like a car accident lawyer in Alabama.
When it comes to short settlements, there are no established rules. If your case goes to trial, the insurance adjuster’s settlement offer could be as low as 30 to 40 percent of what you’d get if you accepted it. If you have a personal injury case and wish to avoid a lengthy litigation process, you should still contact a personal injury attorney for advice on the dangers of a rapid settlement.
