Reasons Why Your Personal Injury Claim May Be Delayed
Posted On behalf of Pfeifer Morgan & Stesiak on May 28, 2021 in Personal Injury
While settling a personal injury claim may take time, there may come a point when you begin to wonder how much longer you must wait to receive compensation.
This is a complex question, as there are several factors that may delay a settlement. Sometimes there are legitimate reasons for delays and other times the insurance company is dragging its feet.
Call our South Bend personal injury lawyers to discuss your claim and learn why it may be taking so long for the insurance company to agree to a settlement. We may be able to help move the process along and help maximize your compensation.
We offer a free consultation and do not charge you anything while we work on your claim.
Length of Medical Treatment
After an accident, it is important that you seek medical treatment right away, no matter the perceived severity of your injuries. A medical professional should be able to evaluate and diagnose your injuries and offer a prognosis for your recovery.
Depending on the severity of your injuries, your treatment plan to stabilize your injuries or reach the maximum medical improvement may take weeks or months to complete. If you settle a claim before you know the full cost of your medical expenses and lost time at work, you may be selling yourself short – that early in the process, the insurance company’s offer is likely to be for far less than the true value of your case.
Even when fault for an accident is clear, the insurance company may still try to downplay their liability by pointing the finger at you or a pre-existing condition. This could easily delay a claim as the burden of proof lies with the injury victim.
When the insurance company denies liability, you may need more evidence to prove them wrong. If your attorney determines a field expert’s statement would help the case, it may take time for that person to conduct their own research and experiments before providing an informed statement.
Why Insurance Companies Try to Delay the Process
Indiana has a statute of limitations of two years from the date of the injury to file a lawsuit. Insurance companies know this, which is often why they try to delay the process of negotiating a settlement. They are trying to run out the clock.
Insurance companies want to put pressure on injury victims with mounting medical bills. They are hoping victims will be so desperate they accept a lowball offer that may be for less than the full value of their claim.
If the Case Goes to Court
When the insurance company is refusing to play fair, it may be necessary to file a lawsuit.
Getting a judge to agree to take the case, confirming a trial date and then going through all the pre-trial discovery may take months or more.
However, it is important to understand two things, the percentage of cases that ever make it to court is relatively low and you may be able to recover more compensation in a jury trial than you would have in a settlement.
Once a lawsuit is filed, insurance companies may make a better offer to avoid trial.
Call Us Today to Get Started
If you are in the middle of trying to settle an injury claim with the insurance company but believe they are purposely delaying a settlement or are simply not playing fair, you should seriously consider calling one of our experienced attorneys.
Our firm has been negotiating with insurance companies for decades to help injury victims recover the compensation they need for medical bills, lost wages and other damages. We have a track record of success and have recovered millions in compensation.
The initial consultation is free and there are no fees while we work on your claim. You do not pay us anything unless we recover compensation on your behalf.
Call us today at (844) 678-1800 to schedule a free consultation.