If you are considering filing a personal injury claim, you may be wondering how long the entire process could take. However, every case is different and presents its own unique challenges. Most claims are often settled out of court and may be resolved rather quickly, but others may be delayed due to certain factors. Having a licensed lawyer on your side could be beneficial to the overall outcome of your claim.
Our legal team at Greg Monforton & Partners discuss the most common causes of claim delays and what you can do to avoid a delay when trying to recover financial compensation. An initial meeting with us is free of charge with no obligation whatsoever to hire our firm. We do not get paid unless you get paid.
Common Reasons for Delayed Claims
The personal injury claims process could take longer than others based on your particular situation. Some of the most common reasons for a claim to be delayed could include:
- You have not yet fully recovered from your injury
- Liability for the accident and resulting injuries is being disputed
- Damages are greater, which may result in a higher compensation amount
There may be times when you feel that your claim is not moving forward or fast enough. In these instances, having a Windsor personal injury lawyer from our firm could help speed up the process.
Legal or Factual Issues
Sometimes liability can be difficult to prove, even when the other party’s negligence causes you harm. If there is a chance that liability can be disputed, negotiations over this issue could delay your claim. The insurance company may not offer fair compensation for the full amount of your damages.
There could be other legal or factual issues surrounding the accident or incident and how it happened that may cause the case to slow down. You and your lawyer may need to provide additional evidence to help prove who had a legal duty of care to uphold and how that duty of care was breached. If a claim is not settled, a lawsuit could be filed, which takes the issue to the courts. This process, however, could be long and complicated, taking months or even years.
Reaching Maximum Medical Improvement
If you accept a quick settlement offer from the insurance company, you could be getting less than what your claim is worth. Certain injuries may take longer to reach maximum medical improvement (MMI).
MMI means that you have recovered or healed as much as you are going to following an injury. The doctor has determined that you have reached a stable point and that your treatment should remain consistent going forward.
It is important that you wait until you reach MMI so that you and your lawyer are able to accurately monetize the value of any medical treatment needed in the future. Before reaching MMI, you may not realize the long-term complications of your injury and how it will impact your life on a daily basis.
Issues Surrounding Your Damages
In some personal injury claims, there could be disputes about the types of damages an injured victim has suffered and their value. Damages such as medical bills and loss of wages could be easier to monetize because they have a defined dollar amount, but harder to calculate for a victim’s pain and suffering.
If your damages amount to a higher settlement, the insurance company may stall negotiations to avoid having to pay out a large amount of money. An insurer’s goal is paying out the least amount possible in claims. As the plaintiff, you have the burden of proof to show that the other party’s negligence caused your injuries, the severity of your injuries and losses, and that these damages are worth the amount you are asking for.
Why Insurance Companies Delay Injury Claims
To delay a personal injury claim, it is not uncommon for an insurance company to question your credibility and attempt to wear you down so that you accept a lower settlement offer. They often prey on an injured victim’s vulnerability because they know that he or she may urgently need the compensation to help cover mounting medical bills and outstanding household expenses. Other tactics may also be used not just to delay the claims process, but to devalue or deny compensation altogether.
Having an experienced lawyer by your side handling all communications and negotiations with the insurance company for you may help minimize your chances at experiencing unnecessary delays. It is also important throughout the entire process to be honest, patient and persistent with your claim.
Avoid a Delay With Your Claim Today
If you need help filing or handling a claim that has been delayed, reach out to our lawyers at Greg Monforton & Partners. We are prepared to discuss your rights and the legal options that may be available to you in a free consultation. This is also your opportunity to ask other questions about the claims process, including how injured victims are paid after a settlement is reached.
You pay nothing up front for our services. We only receive payment if we help you obtain compensation.
Talk to a lawyer today. Ph: (866) 320-4770.