car accident and personal injury claims

Why Do Car Accident Claims Take So Long?

Getting injured in an accident can leave you traumatized and scarred. But did you know that you need to take quick action after you’ve been hurt in an auto accident?

Car accidents claimants complain that their cases take too long not realizing how complicated the process can get. Most victims who are not represented by an attorney may feel like taking the first offers made by insurance companies will cover damages. This is because they don’t understand their rights or unaware that they may pursue the matter further for additional compensation.

It’s critical to consult a car accident and personal injury attorney who will answer all of your questions regarding the case and advice you on how to proceed with a fair compensation claim.

Factors That Affect Your Car Accident Claim

Various factors could affect the length of time a claim takes to complete. These factors include:

The Nature of the Case

Standard cases resolve quicker than complicated cases with massive injuries and property damages.  Premise liability and medical malpractice cases take longer to settle than automotive accidents.  The nature of your case will dictate how long it will take from start to finish.

The Extent of Injuries

Some insurance companies are willing to wait until you’ve fully recovered from your injuries and this can be a factor that could prolong the time it takes to resolve your claim.

Also, sometimes the injured doesn’t fully recover from their injuries, and the doctor is of the opinion that the client has reached maximum medical improvement and concludes that the condition will be permanent.

If this happens, our office has to get a permanency rating and idea on what the future treatment costs will be. Such cases take a more extended period before the client gets compensated.

Multiple Victims or Claimants

Being involved in a car accident that had several victims could interfere with your ability to collect damages or reduce the amount of compensation that you can recover.  When numerous plaintiffs file claims against one person, the insurance policy reaches its maximum coverage.

At this point, plaintiffs need to prove why they need to receive more compensation than other victims who also suffered injuries.

The process could take time as each of the victims has to give a detailed explanation on why they deserve compensation.

In most cases, victims end up losing part of the compensation they would have received if they were the only ones involved in the accident. These types of claims considered as a complicated case and Drake Law Firm strongly recommends retaining our firm to navigate such instances.

Liability Evidence

It’s essential to find out who was liable for your injuries and to prove that your injuries happened as a result of the other party’s actions.

Your claim may take extra time if you were in an accident and the defendant’s insurance company claims that you don’t have evidence to prove liability.

The process involves talking to medical professionals and accident reconstruction experts looking for evidence. Again, having an attorney will help speed up the process. Remember that the more time passes, the more difficult it becomes to gather evidence. Witnesses may also forget vital details that could be used to win your case.

Insurance Company Delays

After the insurance company gets the case, it needs time to evaluate the claim and assess the possible liability issues.  They are also responsible for making a settlement offer. While some companies settle their claims in no time, others take time, and this becomes a problem, sometimes the insurance company makes a low offer to see if the claimant will settle.

However, this is always a bad move as you could end up compensated for less than your medical bills and property damage amount.

Benjamin Drake will negotiate on your behalf and will ensure proper compensation.  Once the negotiations come to an end, you as the client and the attorney need to determine if the amount offered is sufficient. Otherwise, there are options including going to court

Delay of Submission of Records and Medical Bills

When you hire an attorney, you’ll need to sign a medical release form. The form is a type of consent that shows that you’ve given the lawyer permission to request the medical records and bills.

An attorney needs amounts and all the medical records from the treating physician to properly evaluate a case and how to proceed with your claim.

The process is not as simple as it can take a few weeks to several months to get these records. The delay can prolong a personal injury case.

Liens against the Case

There are times when the attorney may attempt to resolve any outstanding liens against the settlement even after the claim has been settled and the client has accepted the compensation amount.

Liens are mostly from private or public health insurance company which demand a right to be reimbursed from the amount reached from the settlement.

The attorney may be able to seek a reduction on the lien, a process that can cause a delay in settlement.

Factual or Legal Problems

Factual conflicts can make your claim take longer than usual. Fortunately, these problems are solved through investigation.

Benjamin Drake will request on your behalf the accident reports, photographs of the scene, witness interviews, accident reconstruction reports, diagnostic imaging results, treatment notes, and lost wage information.

Our team will then evaluate the evidence collected to get the facts, something that speeds up the case.

All accident and injury claims are different. Although an attorney may give you an expected timeframe based on previous cases, this is not a guarantee that the claim will be settled at that time.

Talk to Benjamin Drake directly to learn more about your options and how to avoid any delays in your injury or accident case.