After the light turns green, you cautiously go through the four-way intersection just down the street from your house. Suddenly, you’re hit by another vehicle that inexplicably ran the red light. The impact was severe, leaving you with serious bodily injuries and damage to your car. We don’t have to tell you that our cars matter; we rely on them every day to get to work, run errands, care for our families, and simply get where we need to go. An injury on top of that can make all of that even harder—leaving you bedridden, limiting your ability to work, and interfering with countless daily activities. When you’re dealing with the physical, emotional, and financial consequences of an accident, filing a personal injury claim may be an important step toward recovering compensation.
Unfortunately, these and other personal injury claims may not move as quickly as you or a loved one may hope. Several factors may be at play, though that does not lessen the merit of your personal injury or the case itself.
Let’s explore some common reasons why these claims can take a while to resolve.
Your Personal Injury Claim May Take Longer Than Expected Because …
Medical Treatment is Ongoing
A primary reason why a claim can take longer than expected is that the medical treatment you or a loved one is receiving has not resolved. Sadly, many doctor or ER visits aren’t resolved in one hour or a few short visits. Initial medical treatment plans often change once the full extent of the injury becomes clear. For instance, the accident and early medical exam may show a minor head injury or broken bone but might not take into account the need for physical therapy and other treatments. As a result, you may not receive all the compensation you need for ongoing care.
Determination of Damages is Incomplete
Medical treatment is only a part of the needed compensation from a personal injury accident. Claims can also include medical expenses related to that treatment, loss of wages or inability to work as you could before the accident, property damage to your car, pain and suffering, or other considerations. Some parts of the claim are easy to determine, but others may require additional evidence from professionals. The bottom line is that you and your attorney need to fully understand the full value of the damage to settle a claim for fair compensation. Diligently evaluate your losses to receive what you need from the settlement.
Disagreement Over Fault
Fault in a personal injury claim can be very apparent, as in the example scenario above. A car runs a red light and hits you, causing severe injuries. But other incidents may be disputed, or the fault can be shared among the parties. Many factors go into determining fault, such as negligence or strict liability. If an accident or incident involved many parties, they may dispute who is at fault, and the available evidence will determine liability. If an incident occurred at a location, the property owner may disagree about any “dangerous” conditions that were present. It is the responsibility of each party’s insurance company and/or other representation to best represent their client to determine who is at fault.
The Insurance Company Is Delaying Resolution
When you are injured, delays in resolution from the insurance side can be frustrating, especially when you need care and replacement of personal property. While it’s easy to be frustrated, it’s important to understand that insurance companies take several steps to determine a claim’s value. They will review incident/accident reports, determine the value of property damage, interview witnesses, and review all medical documentation. And that’s just for starters. They may agree that you deserve compensation, but they will also want a complete picture of the damage before assessing compensation.
It’s also important to note that an initial settlement offer does not constitute resolution of the claim if it does not seem that the amount accurately reflects your loss and expenses. An attorney can determine fair compensation and assist in these disputes. This discrepancy, however, can lengthen the path to resolution.
The Amount of Evidence is Substantial
Personal injury cases vary, and some involve substantial evidence that requires review. Accident/incident reports and photos, medical bills and records, witness statements, employment documentation, vehicle information and valuation, video, expert opinions, and anything else pertinent to the case may be included. All parties must evaluate all evidence, and a decision must be made on its pertinence and viability. This process must be complete and thorough because, if a court case follows, holes in the evidence will not bode well for a fair conclusion.
There are Multiple Parties Involved in the Claim
Personal injury claims are not always simple in determining victims and liability. If a commercial vehicle is involved in an accident and the vehicle has separate drivers, owners, and maintenance technicians, the claim becomes much more complicated. When multiple people and their providers are responsible for paying those claims, there are more channels to go through to settle on fair compensation. Multiple insurance policies will vary and should be reviewed to determine how best to have your property and injuries compensated. An attorney wants to be able to determine how the evidence supports your claim before presenting it to any insurance company or filing suit in court. If that process is rushed in any way, key evidence could be missed. A thorough legal evaluation takes time, and you need the right information to address your losses.
We’re Going to Court and Litigation
Often, personal injury claims are settled with the insurance company, and there is no need to escalate to a court proceeding. However, if negotiations are unproductive, a case can proceed to court. If the case goes to litigation, it can take quite some time to work through the court system. Before a trial starts, there will be hearings, motions, scheduling requirements, and other events. During this pre-trial process, a suit can still be resolved, and the actual trial may not even take place. But each step takes time and is scheduled consecutively, often with a good amount of time in between. Clearly, filing a lawsuit usually takes much longer than resolving the claim through an agreement during the claims process. You may need an attorney to help navigate that path and make sure you are covering all of your bases with good evidence and procedure so that all parties responsible are held accountable for their negligence.
More Complications Exist
Much like medical injuries evolve as treatment occurs, an injury claim can get more complicated as the case develops. Medically, if a pre-existing condition emerges that wasn’t disclosed before, the impact of the medical opinions could alter. A new witness and their revelations about the event and liability can also change perceptions and opinions about the accident. When you want to resolve the event through a settlement, these pivots can derail a quick, easy settlement. These claims are often complicated, evolving, and about more than a quick resolution. The goal should be fair compensation for the injury suffered, and the path to that is not always quick.
Use Patience and Perseverance to Get to the Finish Line
When you are injured and need to repair or replace your personal property after a personal injury incident, it can be frustrating to wait for resolution of a claim that you feel like should be quick and easy. When the claim is deemed insufficient for the needed compensation, it prolongs the resolution process. And when the claim escalates to a lawsuit, the finish line just moves even further out.
It is nearly impossible to control the timeline for a personal injury claim, and as the case progresses, waiting it out can get even more frustrating. Your ultimate goal should be to get fair compensation, and that opportunity is always there if you are ready for it. An attorney may be needed to guide the process and assist you with the speed bumps that inevitably pop up as the case progresses. Patience, good guidance, counsel, and, of course, documentation are all keys to a more satisfactory outcome for your claim or suit.
Call Keys Law Offices Today!
A personal injury claim that is not handled correctly can disrupt your life in an instant, leaving you with stress, injuries, and unanswered questions about what comes next. At Keys Law Offices, we are determined to support individuals and families struggling with such issues and offer them advice and representation in personal injury cases and claims. With deep knowledge of how these cases are handled, our firm will strive to get to the bottom of the case, develop a strong claim, and seek the financial compensation our clients deserve.
Our experienced team knows how to investigate and litigate your case to secure the compensation you deserve. More importantly, we understand the emotional side of these cases and offer compassionate counsel, so you receive what you are entitled to. Assistance is available, and help is only a phone call away.