When an accident that leads to a personal injury claim creates financial hardship, it can be hard to wait for a settlement and natural to wonder why your lawyer is taking so long to settle your case. In many situations, factors outside your lawyer’s control affect the timeline. In others, the complexities of your claim or its monetary value can create a delay.
No two personal injury cases will have identical timeframes. Boca Raton personal injury lawyers understand the financial recovery process and the steps involved. They can help you understand the timeline of your case and the steps they will take to keep it on track. Many personal injury law firms will review your case at no cost, identify its merits, and represent you at no upfront cost to you.
Understand All the Steps a Personal Injury Lawyer Takes on Your Behalf
Preparing and resolving your claim is a legally intricate and involved process. To build the strongest possible case for you, your personal injury attorney will:
- Investigate your accident
- Gather physical evidence
- Obtain official documentation
- Draft and file your claim with the at-fault party’s insurance company
- Communicate with the insurer on your behalf
- Consult expert witnesses
- Clarify legal and insurance jargon
- Interview accident witnesses
- Negotiate for a fair settlement
Each of these steps can take significant time. Rather than rush your claim, potentially leaving you with less financial compensation than you deserve, your lawyer will provide detailed service that results in the best result for you.
The At-Fault Party Might Refute the Cause of Your Accident
Your personal injury case will require an investigation into the causes and contributing factors that led to your accident and injuries. An investigation can take longer or require repeated revisiting if:
- The liable party does not acknowledge their role in causing your accident.
- The liable party alleges that you caused or contributed to the accident.
Such allegations can require additional avenues of investigation or researching and collecting additional evidence. Either can add to the time it takes to settle your claim. Your injury lawyer will take time to investigate and build a stronger case file.
Avoid the Temptation to Accept a Speedy Personal Injury Settlement Offer
A settlement offer that comes soon after the accident can seem like a fast financial relief. It can be risky, though, and should generally be avoided. The insurance provider has its bottom line, not your best interests, in mind. A speedy settlement is risky for the following reasons:
- It does not allow enough time for you and your attorney to understand and document the accident’s costs.
- It can leave you with a smaller settlement amount than you are actually entitled to recover.
- You cannot ask for additional damages after signing a settlement agreement, even if they are legitimate.
Patience is an important part of the financial recovery process. Your lawyer may delay your injury claim and the settlement negotiation process until your full range of damages is known.
The Personal Injury Discovery Process Can Take Time
Discovery—the exchange of information between both parties in a lawsuit—can take time to complete. This is a beneficial and multi-step process that can include:
- Information requests and compliance
- Thorough written interrogatories
- Oral depositions taken under oath
The results of the discovery process can benefit your personal injury claim. They can provide your legal team with added information and testimony from the responsible party. You, too, could be deposed, and the testimony you give can offer the at-fault party’s legal team a different view of the accident.
The Insurance Company Could Cause a Delayed Accident Settlement
You deserve to be treated fairly when dealing with your insurance company or filing a third-party claim. The insurance company has an obligation to handle your case honestly, straightforwardly, and without unwarranted delays. Insurance adjusters have specific time frames they must comply with, but they may stretch those time frames to their limit.
Unfortunately, not all insurance companies act in good faith when resolving injury claims. A common bad faith insurance tactic is delaying a claim without cause. If these unscrupulous tactics delay your case, your lawyer can help you take legal action against the insurance company.
Assessing Your Recoverable Damages Can Be a Time-Consuming Process
Knowing the types of damages you can recover is only one step to getting fair compensation after an accidental injury. Equally important is proving the value of your compensation request, which the insurance company will demand.
That can mean collecting:
- Medical bills and a written prognosis to prove your current and future treatment costs
- Paycheck stubs and salary history records that prove your current and future lost wages
- Repair or replacement estimates that prove the value of your damaged or destroyed property
- Prognosis reports and statements from you and your family, friends, and colleagues that describe the accident’s mental and emotional toll
- Receipts for funeral arrangements that substantiate a portion of wrongful death damages, when applicable
This list is not exhaustive, and every case will require different evidence. Assessing and documenting your recoverable damages can take longer than you might think. Allow your lawyer the time to manage this portion of your claim in great detail to avoid the insurance provider undervaluing or underpaying your injury claim.
Filing a Lawsuit Might Prolong the Settlement Process
You generally have two years to file a personal injury or wrongful death lawsuit in Florida, according to Florida Statutes § 95.11. Taking this step could prolong the process, but it is often necessary to avoid losing the right to seek damages. In addition, Florida Statutes § 95.051 could identify exceptions to the statute of limitations that affect your case.
Get a Free Review of the Personal Injury Settlement Negotiation Process
It can be difficult to understand why it’s taking your lawyer so long to resolve your personal injury case and get a settlement. While it may seem like your attorney is dragging their feet, they could be working in your best interest.
If you or a loved one was injured, our personal injury law firm will help you streamline the financial recovery process. Find out how hard we will work to resolve your case. Contact our legal team at Ged Lawyers to get started with a free initial consultation.
