The resolution of personal injury suits may take months or years. Once you begin the process, you may only realize how complicated a car accident settlement may turn into or the actual amount of time needed to complete it. The majority of accident victims want their money as quickly as possible. You don’t wish to settle too hastily, though, as it would result in receiving less money than you ultimately require.
A variety of causes might delay a settlement for an automobile accident. Although a personal injury attorney can ensure everything goes smoothly, issues can still arise. Read on to learn more about the insurance claim procedure and what to anticipate if you wonder, “Why is my car accident settlement taking so long?”
Examples Of Accidents That Can Lead to a Personal Injury Claim
Over 400,000 personal injury lawsuits are brought to court each year. Several mishaps fall under the broad umbrella of personal injury, and vehicle accidents of some kind are involved in about half of injury cases.
Car Accidents
A motorcycle, truck, or pedestrian may be involved in an automobile collision. An accident that involves a head-on collision, rear-end collision, or a T-bone could cause injury to the driver or passengers. Sometimes, a single-vehicle collision involving a person hitting a fixed object or a commercial vehicle crash involving numerous cars may occur.
Once you’ve made the most progress medically, a Las Vegas car accident lawyer can assist you in filing a claim to get paid for your bills, lost wages, and any other losses in these situations.
Product Liability
A further category of personal injury accident is product liability. Some people purchase defective household or industrial products or need the proper warning labels. Therefore, the product causes harm to the customer. In this case, the following injuries could be the seller’s or the manufacturer’s fault.
Medical Malpractice
A yearly 15% of personal injury cases involve medical misconduct. Every year, the US legal system processes between 15,000 and 19,000 cases. A person’s condition could worsen due to a false diagnosis, inadequate medical care, or an early release. Medical carelessness can also result from improper prescriptions and poor surgical technique.
Speak with a personal injury lawyer immediately if you were hurt due to someone else’s carelessness. A committed injury lawyer can assist you in determining if you have a strong case, along with how much compensation you might be entitled to.
Legal Complications With the Car Accident Case
Although the financial payout is the main driver for making a personal injury claim, the procedure has other focuses. A personal injury claim is still primarily legal, despite the settlement acting as an outcome rather than the fundamental objective.
Victims of injuries are meant to recoup their losses through the negligent parties who caused them in personal injury cases. However, specific legal concerns or devices may complicate personal injury lawsuits as they are legal proceedings.
The main issue with a personal injury case is the possibility that the defendant would try to contest the damages. That refers to whether they deny liability for the harm done to accident victims, the injured members of their families, and the expensive medical treatment required to address their severe injuries. In such a case, they will try to escape their obligation to repay you.
They accomplish this by adamantly denying responsibility for your injuries and claiming the situation is absurd in some way. They contend that they shouldn’t be held accountable for the collision. Other times, they make a minimal effort to exonerate themselves from minor injuries they may have caused.
Liability, however, might be challenging to establish in some situations.
Receiving compensation from the defendant’s insurance adjuster depends on identifying the responsible party and their level of responsibility. You won’t be able to get your payment if you can’t demonstrate that they were, in fact, at fault for the accident that wounded you.
Since witnesses and tangible evidence often support one of these sides in a dispute, it is typically simple to establish guilt. However, there are situations when an incident happens without the presence of witnesses and without concrete evidence to back up your accusations.
Do Not Put Off Preparing Your Insurance Claim
Knowing when and how to submit a settlement claim might be challenging. If you haven’t entirely healed from your injuries, you shouldn’t write a demand letter abruptly if you require more medical attention. You must start immediately because the insurance company may bind you to a contractual deadline.
You have a set time after an injury occurs to submit a claim to the insurance companies that protect the responsible party. It would be best to start your lawsuit before the applicable statute of limitations expires to keep your right to sue for damages. The judge could throw it out if you submit your case after the deadline. Speak with a law firm with a solid track record of assisting accident victims in comprehending your case’s numerous timelines.
If the victim was a minor or mentally ill at the time of the damage, the claim may remain unsettled until they achieve adulthood or are of sound mind. It is advisable to consult with a lawyer to determine the applicable laws in your situation, as your state may have specific regulations. Failing to file your lawsuit by the deadline will result in forfeiting your opportunity to pursue compensation for your injuries.
What Damages Are Recoverable in a Personal Injury Case?
Non-economic and economic damages will be considered when determining the maximum compensation that a personal injury lawyer may award in accident settlements. You can ask for compensation for any lost wages while you are recovering and any future lost wages with your work under the category of economic damage. The cost of current and upcoming medical care might be high, and luckily, it can be paid for by car accident settlements and other damage claims.
The amount of compensation can rise if an injury impacts your life and prevents you from earning future revenue. In some circumstances, damage is given for the loss of personal property. If your car has to be fixed or replaced, you can also ask for money.
Anxiety and mental distress are considered non-economic damage. The court frequently grants compensation for the impact of suffering and pain. If a victim becomes disabled or dies due to an accident, the payout may include covering the loss of companionship to the family.
Depending on the specifics and nature of the case, a lawsuit’s worth can change. In an automobile collision scenario, one person can collect several thousand dollars, and a different victim could receive hundreds of thousands of dollars for harm brought on by a product.
In a few areas of personal injury law, the regulations impose damage caps. A settlement can include the most money one person can receive. If damage caps apply to your case, your attorney can inform you.
To ensure you receive the most remarkable personal injury settlement possible, reviewing the particular details of your accident claim will take time. During a free case evaluation, an expert attorney can describe the unique circumstances of your case.
Why Is My Car Accident Settlement Taking So Long
The time it takes to resolve a lawsuit varies depending on the parties and the particulars of each case. While some cases are resolved in months, others may take years.
The fundamental phases of any claim for injuries include:
- Filing a complaint,
- Completing discovery,
- Attempting settlement negotiations and mediation, and
- Proceeding to trial.
Several variables can influence the length of the waiting period for each step. Parties frequently resolve most lawsuits outside of court, often through mediation. The court may occasionally order mediation, but its effectiveness is not guaranteed. One or both parties may find the settlement unsatisfactory. Consequently, the case will proceed to trial, extending the period before payment. Unfortunately, trials can be postponed multiple times.
Trials involving auto accidents have a 61 percent overall victory rate for plaintiffs. Other cases, such as those involving medical misconduct, have a substantially lower success rate.
Another aspect that affects how long a personal injury claim takes is whether the wounded party needs continuing care. Some patients require months to recover sufficiently for a case to be closed, while others can take years to attain their peak medical progress. You must progress toward recovery and transmit all medical data to a lawyer, who can then decide how much money to demand as compensation.
Insurance companies may attempt to delay the payment of some settlements because they may be for a substantial sum. They look into every aspect of your case and might employ various strategies to lessen or reject your claim.
Other Problems That May Delay Your Car Accident Settlement
Problems might occur through a personal injury case and cause the settlement process to be delayed. The defendant’s lack of cooperation is one factor contributing to the length of the settlement procedure.
You may be curious as to why attorneys prolong cases. The lawyer for the responsible party could need some time to formulate a defense or gather evidence in favor of particular tactics.
The defense attorney frequently demands that the at-fault party disclaim any misconduct. Large settlements are more likely to result in the other party not cooperating.
Liability issues can arise, and your attorney might require more time to gather enough proof. The insurer has the option of rejecting the proof or requesting more details.
The insurance company for the defendant may try to withhold payment. The insurance company may force you to make a statement or postpone the settlement process. If the company can find any way to blame you, it can try to utilize your remark as justification for not paying your claim.
Filing a request to dismiss is another typical legal strategy employed by defense attorneys. Before the discovery phase, insurance companies frequently try to have a case dismissed. They know how to file these motions, which could cause unneeded delays in your case. For the case to proceed to trial, the law office you retain must establish the truth of your claim.
Of course, some matters related to an accident call for a trial. As a result, you might have to wait longer to receive reimbursement. A knowledgeable and prepared attorney is a powerful ally who can thwart potential delays in a personal injury lawsuit.
The Procedure For Receiving Compensation Through An Insurance Company
No matter when the lawsuit is resolved, you will get your money right away. However, the procedure has a few phases before you get the check. To begin with, you must quickly finish an Order of Settlement and a Release of All Claims.
You renounce further legal action against the responsible party once you sign the release. Some brief release forms and others are long, and your lawyer should evaluate any paperwork before you sign it to ensure that it safeguards your rights.
Your attorney will speak with the defense to negotiate a new agreement if they disagree with several terms and conditions. Sometimes the judge must intervene to settle any disputes.
In most cases, the check must be written and sent by the liable party’s insurer, and the insurance provider will only hold off once you finish the required settlement paperwork. While the insurer must make payment immediately as you submit the release, internal issues may cause this to take some time.
The insurance company writes the check for you and your attorney. The payment will be sent to your law firm’s office by mail.
The Lawyer Distributes The Settlement First
Since the attorney first deducts fees and other expenses, the cheque is sent to them rather than you. The settlement often stays in an escrow account till the bank clears the funds. Your attorney’s fees are only due if you prevail in court.
A company also pays a variety of expenses as the claim develops. These expenses include postage, filing fees, depositions, and medical records. Your lawyer can subtract these costs from the insurance payout.
A lawyer can utilize the money to settle any existing liens before returning the remainder of the settlement to the client. Any debt you owe to third parties, such as medical bills, is considered a lien, and unpaid medical costs to a healthcare provider are included in a common lien. Injured people can be required to pay their insurance provider for the expense of their medical care.
Before hiring a new attorney, some people fire their current one. The former attorney could file a lien to get paid for services previously rendered. Injury victims must pay off their liens immediately to avoid legal repercussions.
Finally, your attorney issues you a check. You’ll probably get it a few weeks after your case is over. The money can then be used however you see fit to assist with the remainder of your recovery.
Attorney Fees
The fees for employing an attorney must be discussed and agreed upon. Each company levies a variety of fees at various rates. If your case seems straightforward, your attorney may charge a fixed rate. The amount that an attorney charges might vary depending on the specific case and the office’s location; another alternative is an hourly rate. One attorney might bill $200 per hour, while another would bill $400.
You frequently consent to a contingency fee in a personal injury suit, and some of your settlement is made up of a contingency fee. Firms could use a sliding scale for their fees depending on the extent to which the case develops.
You might need to pay extra contingency fees if the case proceeds to trial. Attorney fees are typically only charged after you receive compensation. Before deducting the costs through the settlement, they might determine the charge. Alternatively, they could subtract the sum after allocating money to other costs.
Additional fees may be associated with a personal injury case. Find out what expenses your attorney’s fee will cover.
Hiring A Personal Injury Lawyer May Help Your Case
Someone can be hesitant to hire a lawyer due to the fees. A person might be self-assured enough to handle their personal injury case. But over time, working with a car accident lawyer is advantageous.
If you have a small injury, it can get worse with time. Before being fully aware of the degree of injuries, some people may have taken a settlement offer. With the help of a car accident lawyer in Las Vegas, you might avoid getting less money than you require to pay for your injuries.
You can save a ton of time when you’ve got a lawyer. While your attorney defends your interests, you won’t have to interact with opposing attorneys, insurance adjusters, or other parties. Instead of worrying about meeting deadlines and submitting legal documents, you should concentrate on getting better and other personal matters.
Call us at Hinds Injury Law Las Vegas at (702) 940-1234 for a free case consultation with one of our experienced personal injury lawyers.