How Your Personal Injury Claim Could be Delayed
Posted on behalf of Phillips Law Group on Aug 11, 2020 in Personal Injury
Personal injury victims who were injured because of another’s negligence want to recover compensation for their injuries as quickly as possible. However, the amount of time it takes to resolve a claim varies from case to case. Some claims are resolved quickly, and others take a much longer time.
There are many factors that play into how long it may take to reach a settlement, particularly the extent of your injuries and the length of your recovery. The insurance company’s willingness to negotiate and offer fair compensation is also an important factor.
If you have questions about the amount of time it may take to obtain compensation, call Phillips Law Group to schedule a free legal consultation. We have helped many personal injury victims recover compensation and can answer your questions about the legal process.
Disputes Over Liability
In order to recover compensation, you and your Phoenix personal injury lawyer must prove another party is at fault for the damages you suffered in your personal injury accident. That means establishing another party was negligent or reckless and this directly resulted in your injuries.
However, disputes about liability often arise. For example, insurance companies like to claim the victim is at fault or simply that the accident was caused by other factors and not the other party.
No matter how clear cut a case may seem, the insurance company may still try to deny or diminish the value of your claim. However, this is particularly likely if you give the insurance company reasons to dispute your claim, such as saying things that appear to be admissions of fault. You need to be very cautious with what you say about the accident.
Long Recovery Period
Typically, personal injury claims do not settle until the victim reaches maximum medical improvement. In some cases, this is the point where the victim is fully recovered. However, oftentimes the victim does not fully recover. In these situations, maximum medical improvement refers to the point when the victim’s condition is unlikely to improve with further treatment.
Sometimes the victim reaches maximum medical improvement in a matter of weeks. Other times, the victim may not reach this point for several months. Your lawyer typically will not start to negotiate until you are at maximum medical improvement because then your lawyer can determine what your future treatment needs may be.
Bad Faith Tactics
Insurance companies are not looking to pay out fair compensation for personal injury claims. They want to pay out the least possible amount of compensation or pay none. That is why they often delay the process. For example, they may wait to investigate the crash or drag their feet when processing your claim. Their hope is you will either give up or accept a lowball offer. Insurance companies are required by law to make a reasonable effort to attempt to quickly investigate and process your claim.
Another bad faith tactic is to deny your claim without giving you a clear reason why. Even if the insurance company is right to deny your claim, they must provide a reason. However, not giving you a reason is often done in the hopes you will give up pursuing compensation. They also want to get past the statute of limitations for filing a personal injury lawsuit, which would mean you would lose the chance to pursue compensation.
One of the advantages of hiring an experienced lawyer is that he or she can determine if you may be able to file a lawsuit. Sometimes filing a lawsuit provides the motivation the insurance company needs to try to resolve your claim. The insurance company does not want to leave the decision about your claim up to a jury.
Be Cautious with the Insurance Company
Insurance companies are good at misleading accident victims. They know what to say to increase the chances of an accident victim giving up. For example, some accident victims may give up if the insurance company tells them they are at fault for the accident.
You should not just take the insurance company’s word for it. It is important to consult an experienced lawyer who will be focused on your best interests throughout the legal process.
Contact Us Today to Learn More About the Legal Process
We know you have many questions about your claim, including how much it may be worth and when you may receive compensation. You can get answers to your questions for free by calling to schedule a free legal consultation.
Our attorneys do not charge for representing you unless we obtain compensation for your damages. This is what it means to represent injury victims on contingency.
Phillips Law Group. We are here to help. Phone: 1-800-706-3000.