A personal injury claim can help an accident victim recover by providing financial compensation for medical costs, lost wages, and more. The process required to achieve a settlement, however, can take some time; anywhere from a few months to multiple years. Recognizing issues that may delay a personal injury claim can help you avoid them as much as possible.
Difficulty Assigning Liability
A personal injury claim is a type of legal action that can be brought against one or more parties for causing or contributing to a victim’s injuries. Identifying who to hold liable, or financially responsible, can be difficult in a complicated accident case. This could lead to liability disputes and longer investigations that delay the claim. In Nevada, the modified comparative negligence rule allows an injured party to receive financial compensation if his or her own degree of negligence is less than the defendant’s. Any fault assigned to the plaintiff, however, will reduce the financial damages accordingly. If you are being blamed for your injuries, this can lead to delays while liability is determined and a fair settlement is negotiated.
Medical Treatment for a Serious Injury
If you suffered a severe or catastrophic injury in an accident, you may require months of care and ongoing treatments. This will delay your personal injury claim, as it is best to wait until you reach your date of maximum medical improvement so that you fully understand how much your medical care will cost and your prognosis. Rushing into a settlement before you comprehend the extent of your injuries and their impact on your life is a mistake that could lead to an inadequate settlement. It is better to delay your claim while you seek medical attention than be locked into a lowball settlement.
A Case That Requires a Trial
The average insurance settlement can take around three to six months to be completed. If the case encounters challenges and needs a personal injury trial, however, you can expect it to take one year or longer. The timeline of a trial will depend on how long it takes for both parties to complete discovery (the evidence collection process) and the availability of the local courthouse. A case is more likely to go to court if it involves catastrophic injuries, a high value or an uncooperative insurance company.
Insurance Bad Faith
Insurance companies look out for themselves and their bottom lines, not their clients. They can try many tactics that are meant to intentionally delay the processing or payment of a claim. This is known as insurance bad faith, and it describes the company failing to handle the claim in a good-faith attempt to resolve it based on the terms of the policy. An insurance company may be delaying your claim on purpose if it extends the investigation without good reason, requests excessive information or documentation from you, doesn’t respond in a timely manner to your claim or communications, or tries to exhaust your patience just to pressure you into accepting a small settlement.
Don’t Rush Your Claim. Hire a Lawyer
While it can be frustrating to deal with claim delays and have to wait longer for a settlement check, it is imperative not to succumb to pressure from an insurance company to accept a fast but low settlement. This can compromise your future, especially if you suffered serious injuries that will have long-term effects on your life. Instead of accepting the first settlement offer, contact a personal injury attorney to help you handle your claim efficiently and for the full value that you deserve. If the insurance company is delaying your claim unnecessarily, a lawyer can help you file a bad-faith lawsuit against the carrier for additional compensation.