Factors That Prolong the Personal Injury Claims Process
Personal injuries can arise from accidents, dog bites, medical malpractices, product defects, and the like. If you get harmed due to someone else's negligence, the law entitles you to full compensation. Many clients ask their personal injury attorneys how long their case will take to settle. Whereas there is no conclusive answer, the time taken depends on various factors like the case type.
Different cases present their own set of distinctive challenges. Some factors cause cases to take longer to resolve. You need to engage a personal injury attorney to handle your case — it is the right action to take. Still, you should be aware of the factors that may delay the process. Below are some of those factors.
Liability, Legal, and Factual Issues
Liability — the lawful responsibility for specified acts dictated by the state — determines how willing the insurance company will be to settle with you. If the liability is unclear, your case may go to trial and lengthen the claim process.
Disputes may arise over who is liable for the injury, the claim's financial value, and the severity of damages. Such a situation calls for investigations that may take time to complete. Disputes prolong the claim process as each party collects evidence to prove their case.
If facts around the incident are not clear, you may need additional evidence to prove your case. For example, the insurers may claim that you played a role in the incident. Take a situation where you have suffered a fall at a construction site due to technical equipment issues. Whereas you may want to sue the contractors, they may claim that the manufacturers supplied faulty equipment.
Processes involving the Liable Party's Insurance Company
Whereas some insurance companies will efficiently handle claims so that you can get paid faster, others drag their feet. Note that some delays are reasonable and not purposeful. Various factors influence the insurer's willingness to pay, and they include:
- Negotiations. You need to negotiate with the company about the amount you will receive. If their initial offer is low, your attorney will negotiate for a better one. Based on what you consider you deserve, the process may take a while. At times, the insurance company takes a long time to respond.
- Compensation Amount. If the amount involved is huge, the insurer may take longer to investigate all details of your case. You need to prove credibility in the presence of a jury and the severity of the injury.
Administrative Issues
Different entities — the insurance company of the liable party, personal injury attorney, court systems, and the liable party — participate in the claim process. Complications may arise from one or more entities and cause significant delays.
If negotiations fail or the insurance company refuses to pay, your attorney may advise you to file a lawsuit. The nature of court systems may present administrative delays that prolong the time it will take for the jury to hear your case. Also, pretrial preparation takes time, so the whole claim process takes longer.
Length of Recovery Time
Serious injuries take a significant period to heal. In most cases, it is advisable to wait until you have healed completely or attained maximum medical improvement before settling your claim. That way, it is easier to calculate your total expenses. Ensure you discuss the cost of the examination, current treatment, and follow-up treatment to ensure you don't undervalue your claim.
The period it takes to complete your treatment is directly proportional to the length of time your claim will take.
Conclusion
Whereas it is difficult to quicken the claim process, some delays are not always justifiable. So, you should contact a competent personal injury attorney if you are in a personal injury situation. At Borbi Clancy Patrizi, LLC, we offer you legal representation. Our lawyers will help you recover your full claim as fast as possible.