personal injury claims are alike and, therefore, the length of each case will differ.
Depending on the nature of the accident that caused your injuries and
the severity of them, a case can either resolve quickly or have a lengthy
run. Additionally, if you are willing to accept a settlement offer, your
personal injury claim can reach a resolution in no time. However, accepting
an initial offer is generally an unwise decision, so make sure you hire
a personal injury attorney as soon as possible to evaluate your options
and to decide what the best course of action is.
What’s Taking So Long?
Any number of factors can impact the length of a personal injury case,
though there are generally three main reasons why a case could potentially drag on:
- There are factual problems with the case
- A substantial sum of money is involved
- You have yet to reach maximum medical improvement
If your case involves any of the above factors, your case can potentially
take more time, unless you are prepared to accept a less than fair settlement offer.
This generally refers to issues involving who was at fault for the accident
and how severe the injuries are. If liability cannot be proven or there
is an issue with damages, an insurer will be less inclined to propose
a reasonable settlement offer. For example, if your doctor is unsure that
your injuries were caused by the negligence of another party, it would
be in the best interests of the insurer to hold off on a reasonable settlement
offer until you are able to prove that the other party’s negligent
actions caused your injuries. Keep in mind that the burden falls upon
you to prove both of these elements and, without them, you might not have
a right to sue.
Any time a personal injury case involves a substantial amount of money,
you can expect it to take some time to reach a resolution. Insurers will
not pay a big settlement until they have explored and investigated absolutely
every aspect of a personal injury claim. If your case involves large damages,
do not expect an insurer to propose an offer that is remotely reasonable until:
- They do not have a solid defense to the case
- They believe your injuries are as severe as you say they are
- They are unable to attack your credibility
Oftentimes, insurers will also delay a settlement on a big case with the
hope that the injured person will ultimately give up and accept less money.
Individuals who are badly hurt sometimes believe they cannot wait for
a personal injury case to run its course, given all the medical bills
they are facing. Insurers are aware of this and choose to take advantage
of this vulnerability by simply waiting it out until the injured person
can no longer afford to be patient.
Maximum Medical Improvement
A more legitimate reason why a personal injury case might take some time
is that the injured person has yet to reach maximum medical improvement.
For example, if you have yet to reach a point in your recovery where your
prognosis clear, it is best to hold off on settling your case. The fact
is that without knowing for sure if you will be able to fully recover
from your injuries, you cannot accurately assess the value of your claim.
Personal Injury Attorneys in Oneonta
Suffering an injury due to someone else’s negligence can be difficult
to cope with and place a serious financial hardship on you. Do not pay
for someone else’s mistakes. Instead, contact the skilled personal
injury attorneys at Scarzafava & Basdekis in Oneonta. Backed by decades
of collective legal experience, you can be confident in our ability and
commitment to serve you and secure fair and just compensation on your behalf.
Get started on your case today and contact us at
(607) 229-1885 to schedule a free initial case evaluation.