A personal injury claim or lawsuit may take longer to settle than anticipated. What happens if you have a personal injury case but don’t want it to take months or even years to resolve? You can question whether it’s possible to resolve your case quickly even if you have to accept less money. Yes, but that doesn’t necessarily mean it’s a smart move.
Although you can swiftly settle a personal injury claim, you usually have to accept less money, and how much you’ll be giving up is a crucial factor. Let’s examine the possible causes for a delay in settlement and why you should probably think twice before accepting a speedy settlement.
Problematic factual or legal issues with the case
Liability (who is to blame) and damages (how badly the plaintiff was injured) are the critical determinants of a personal injury case’s worth. The insurance firm will not make a fair pay offer if it is difficult to establish fault (for instance, if the parties and numerous witnesses testify differently).
So the plaintiff’s attorney should show a willingness to fight by bringing a personal injury lawsuit and retaining liability experts to establish the precise nature of the defendant’s liability.
Alternately, there can be issues with damages. For instance, the treating medical professionals might not be sure that the defendant’s carelessness brought on the plaintiff’s injury. The insurance won’t make a fair settlement offer until it is convinced that your attorney can provide a medical expert to attest that the defendant’s act (or omission) caused your injuries.
“Big Money” is at Stake
If the lawsuit includes substantial damages, it could delay the settlement. Insurers will not pay a significant settlement amount until they have done their due diligence. To do so, they must thoroughly examine all relevant circumstances until they are confident that:
- Their response to your claim is weak
- The extent of your wounds matches what you claim, and
- Your credibility is impervious to their attacks.
Additionally, insurers occasionally put off the settlement of a significant lawsuit to persuade the plaintiff to give up and accept less compensation. Some claimants may not be patient enough, and because of this, insurers will attempt to wait things out.
You Are Not at Your Maximum Medical Advancement
The fact that you are currently receiving medical care is a valid reason why settlement may take a while. Never settle a personal injury case until you have recovered to maximum medical improvement (MMI) from your injuries if you have the financial means to wait.
MMI means that both you and your Norcross personal injury attorney are aware of the value of your case and that you are as good as you are going to get. The full extent of your injuries (and their effect on your life) may not be as evident if you are still receiving treatment.
A key takeaway
You should still engage a personal injury attorney for individualized advice on the dangers of a speedy settlement if you have a personal injury case and believe you want to settle it quickly rather than engage in a protracted litigation process.
