Common Reasons Why Personal Injury Claims May Be Delayed
Most injury claims, when properly negotiated, take time to resolve. However, there are some instances when a claim may be delayed for circumstances out of your, and your attorney’s, control.
If you need help filing a claim after an accident, call our personal injury lawyers in the Savannah area. We are prepared to guide you through the legal process so you have a better chance to recover the compensation you need for medical bills, lost wages and other damages related to your injuries.
Below, we discuss some of the factors that may contribute to your claim being delayed.
Length of Recovery
The process of negotiating a settlement usually does not begin until an injury victim has reached maximum medical improvement. That means the victim’s injuries have healed or have healed as much as they are likely to, and are unlikely to improve with or without further treatment.
Depending on the severity of the injuries sustained in the accident, recovery could take weeks or months, which would cause the injury claim to be delayed.
While you may find yourself frustrated by the wait, a delay due to your recovery process may not always be a bad thing. Remember, your attorney is negotiating with the insurance company to pay for your damages, so it is important to know the full extent of your damages.
This includes the cost of potential surgery, hospital stays and other future medical treatment. Rushing into a settlement without knowing the full extent of your injuries and future treatment needs could be a bad idea.
Disputes Over Liability
Assigning liability for some accidents may not be as straightforward as it is for others. Resolving disputes over liability may delay a claim for a significant period.
There are some instances when the insurance company either outright denies liability for an accident or requires more proof of fault from you and your attorney. That means your lawyer may need to spend more time gathering evidence and contacting witnesses to validate your claim.
Fortunately, our attorneys have vast experience resolving disputes over liability and are committed to moving things along as quickly as we can.
Sometimes, when the insurance company does not want to pay out a claim, they will come up with excuses to delay it in hopes of running out the clock on the statute of limitations for filing a lawsuit.
For example, the insurance company may request more evidence than necessary to prove liability, delay negotiations by offering a settlement for significantly less than what your claim is worth. That is why it is important to have an attorney on your side to help you negotiate the true value of your claim so you may receive the full amount of compensation you need.
When the negotiation process breaks down, or the insurance company is refusing to play fair, your attorney may advise filing a lawsuit to help recover damages. Due to the bureaucratic nature of the court system, there may be some administrative delays in getting the case heard by a jury. Additionally, preparing for a trial takes time, so your claim could be further delayed if the insurance company continues to refuse to pay.
Fortunately, when insurance companies are threatened with a lawsuit, there is a greater chance that they may offer a fair settlement or be more responsive to settlement offers from your lawyer. This means that even while preparing for a trial, the insurer may agree to settle before the case makes it to court.
Need Help Moving Your Claim Along? Call Us Today
If you are trying to settle a claim with the insurance company, but they are refusing to cooperate or purposefully delaying negotiations, you should call our licensed attorneys to learn how we may be able to help you move your claim along so you may recover the compensation you need.
Our experienced attorneys know the tactics used by the insurance companies to deny claims and are prepared to fight for your rights.
We offer a free consultation and charge you nothing while we work on your claim, so there is no risk to you.