After surviving a car accident, you have taken the long road to recovery. You have spent your livelihood caring for yourself and footing your medical bills. Now you want to recover your expenses and get compensation, and you have hired a car accident attorney to help you fight your claim. But why is it taking too long for your attorney to get you a settlement? You may have assumed you would have been reimbursed for all your troubles. So what can you do if your car accident attorney takes too long to get you a settlement?
We have a few ideas for you in this article. But before that, here are a few things we would like you to note
- Settlement can take time: Arriving at a settlement may take a while. This is because while your attorney represents your interest, the other party’s insurance company also has its interest to protect.
- Your expectations should be realistic: Your expectations should be realistic. Unrealistic expectations frustrate the negotiation process and elongate settlement.
Your expectation of the time of settlement and the amount to be paid to the injured party must be realistic. Compensation must not be exaggerated. An injured party should consult with their attorney to rightly estimate what their claim is worth.
- Your actions should not delay settlement: Sometimes, clients can delay their settlement in several ways. When the clients interfere unduly with the negotiation process or indiscriminately swap attorneys, they may delay their settlement.
- Some settlements can take longer than others: Some settlements can take longer than others, and it is important to bear that in mind. Some settlements can take months, while some may take only weeks.
How long should settlement ordinarily take?
Several factors can determine how long a settlement can take. For example, the seriousness of the accident and injury, the number of parties, and the insurance companies involved. It is difficult to determine how long your car accident claim will take or how long it will take to settle with the insurance company.
The insurance company may also want to examine the pieces of evidence before it assumes liability. There are a lot of behind-the-scenes activities. Some car accident claims may take weeks to settle, and others may take years. If you have an experienced and compassionate car accident attorney, you can trust that your matter will be handled skillfully by your attorney. It would help if you endeavored to keep up with your attorney as your matter progresses.
Settlement can require a lot of back-and-forth meetings and negotiations. Settlement can also be delayed in between court appearances and hearing
What may cause a delay in getting a settlement
1. Comparative Negligence: Insurance companies may accuse you of comparative negligence to escape eventual liability. Florida is a comparative negligence state. Once comparative negligence can be proved, it will prevent the injured passenger from claiming all his full compensation.
2. Insurance companies may shift eventual liability to one another: Insurance companies may not want to assume liability at first. However, once they accept liability, the insurance company will be responsible for compensating the victim for such expenses as medical expenses, loss of wages, loss of opportunity and reduced earning capacity, physical injury, pain and suffering, and reduced quality of life.
3. Insufficient Evidence: You may be told that your injury was caused by something other than the accident. Insurance companies may say that your already bad state of health aggravated the injury if you have a medical history of a previous illness or condition.
Establishing a link between the injury suffered and the accident will be necessary. This will mean showing that the injury you have suffered is from the accident caused by their policyholder’s negligence. You can prove your injury by a medical evaluation conducted after the accident. Do not waste time before seeking medical care and assessment. Insufficient evidence causes delays in settling with the at-fault party’s insurance company.
4. Unrealistic Expectation: Through your car accident attorney, you can know the worth of your accident and represent the same to your insurance company. Without an attorney, the worth of your accident may be contested and even minimized. Car accident victims can find it difficult to estimate the worth of their accidents accurately. A car accident attorney knows that the victim is entitled to compensation for past, present, and future financial and non-financial losses if you have a claim outside of PIP.
The victim may have unrealistic expectations of the insurance company. An unrealistic or exaggerated expectation will lead to a dead-end in a settlement. Therefore, claiming your accident injury cost from the negligent party’s insurance company should not be seen as a goldmine but simply as recovering what you have spent or lost in treating yourself.
In determining how much your claim is worth, a car accident attorney or a personal injury attorney can help you access your claim, determine how much your case is worth, and help you fight for it with the insurance company.
The liable insurance company will also not exceed the limit of the at-fault party’s insurance company
5. You Are Not at the Maximum Medical Improvement (MMI): Your car accident attorney may be waiting to see if you will need additional operations or physical therapy to complete a full recovery. If you are still in the early stages of your healing, estimating the total cost of your wounds and treatment can be challenging. Attorneys may not know you have recovered to the full extent your body can do until the medical professionals declare you’ve reached the ‘maximum medical improvement.’ Additionally, it could be challenging for your attorney to locate a medical professional who will be at ease stating that the accident was the source of your injuries.
What Should I do if my Lawyer is Taking too Long to get a Settlement
Many people wonder what to do next when their car accident attorney takes too long to get them a settlement. Consider frequently communicating with your lawyer about the status of your claim.
Your attorney should also give you timely updates. Constant communication between yourself and your attorney can help progress your case. In addition, vital communication with your attorney can help facilitate useful discussions and provide them with new information from memories of the accident that can progress your case and aid the settlement procedure.
Before you Change your Attorney
Before you consider changing your attorney, read the agreement you signed with your attorney carefully. Disengaging your attorney will also mean you should pay your attorney for the work done so far because most personal injury lawyers work on a contingency fee basis and will not be paid until they win your case.
The Coleman Group
The Coleman Law Group is a team of experienced attorneys who will painstakingly present your case to help you recover the best financial compensation you deserve. Reach us for a free evaluation at no cost to you. We handle tough cases in Tampa, Florida, call any of our offices, and request a free consultation.