The truth about personal injury settlements is that every case moves at its own pace. While most cases are resolvable, we’ve seen what would seem to be simple cases drag on and complex ones resolve in a month. Understanding what affects timing can help you plan better and manage your needs and expectations during the process.
Factors That Affect Your Timeline
Several elements determine how long your case will take, and most of them are entirely out of your hands. How badly you’re hurt matters more than anything else. Minor injuries that heal quickly usually resolve faster since there’s less to argue about. But if you’re dealing with surgery, ongoing physical therapy, or permanent disability, you need may wait until you reach “maximum medical improvement”, an unpredictable milestone.
The clarity of fault plays a huge role, too. If someone ran a red light and slammed into you, it’s pretty straightforward. But if there’s he-said-she-said about what happened, or if multiple vehicles were involved, expect delays while everyone involved prepares their defenses. Insurance policy limits can speed things up or slow them down. When damages exceed the defendant’s insurance coverage, cases can sometimes settle quickly. But when there’s plenty of coverage available, incentives can be different.
Factors That May Delay Settlement
Some delays are just part of the process, while others are deliberate tactics that are designed to wear you down. Insurance companies aren’t usually in any hurry to pay you. They have adjusters, whose job is to save the company money. They may request duplicate medical records multiple times, demand independent medical exams, or make lowball offers hoping that you’ll get frustrated and accept less than you may deserve. Multiple defendants can complicate things. If your accident involved several parties—such as a truck driver, trucking company, and parts manufacturer it can be complicated. Each defendant has their own lawyer and insurance company, which may be all working on different angles. Missing or incomplete medical records can also slow things down, significantly. If your doctor’s office is slow to respond to records requests, or if you were treated at multiple facilities, gathering all of the documentation takes time. Some medical providers charge hefty fees for records, which can delay things further. Complex liability issues require expert witnesses. Accident reconstruction specialists, medical experts, and economic analysts don’t work cheap or quickly. Getting their reports and depositions can add to the resolution timeline, but may be important.
The Typical Settlement Process
Understanding the basic steps helps you know where your case stands and what comes next. Investigation comes first. We spend weeks or months gathering evidence, interviewing witnesses, collecting medical records, and preparing. Typically, a demand and negotiation follow. This kicks off the back-and-forth negotiation process, which can take weeks or months. Litigation might be necessary. If negotiations fail, a lawsuit is required. This doesn’t mean you’re going to trial necessarily but litigation adds discovery phases, depositions, expert witness deadlines, and court timelines. Settlement can happen at any time. Cases can settle at just about every stage of the process. Some settle before a lawsuit is filed, others during discovery, and sometimes before trial.
Medical Bills While Waiting
This is where the stress builds for most people. You’re hurt, maybe you can’t work full-time, and medical bills keep arriving while your settlement is not yet possible. Don’t panic about immediate payment. Sometimes it’s advisable to use your health insurance after any first-party PIP or medical payments coverage run out. Even though your settlement will hopefully and eventually cover medical expenses, your health insurance can pay bills now and keep collection agencies away. Yes, your insurance company will want reimbursement later, but that’s a problem for when you have settlement money. Communicate with your providers and be sure to keep medical offices informed about your case status. Many are willing to hold off on aggressive collection if/when they understand that a settlement is coming.
Tips to Expedite Your Claim
While you can’t control insurance company delays or court schedules, you can avoid creating additional delays yourself. Follow all medical treatments religiously. Missing appointments or ignoring doctor’s orders gives ammunition to argue that your injuries aren’t serious. Keep detailed records of how your injuries affect your daily life. Respond quickly to your lawyer’s requests. When they need documents, photos, or information from you, provide it immediately. Insurance companies regularly check social media for evidence that contradicts your injury claims. That photo of you at your nephew’s graduation or at the mall could be taken out of context. Tell your lawyer about any old injuries or previous accidents right away. Even that fender-bender from five years ago or the time that you hurt your back moving furniture. Insurance companies dig up everything, and if your lawyer gets blindsided during negotiations, it can torpedo their efforts. Mediation is a tool that can be used early or late, and will be ordered if a lawsuit progresses. I’ve seen cases that were stuck wrap up in a single mediation session. Having someone who is neutral in the room can be assistive for both sides.
The bottom line is that personal injury cases take as long as they take. They’re all unique. Focus on your medical recovery, and remember that a fair settlement is usually worth waiting for.
Contact The Briggs Law Firm at 352-671-4600 or fill out our online form to discuss your injury claim with one of our attorneys. We offer no-charge, no-obligation consultations, and you can trust our team to take your concerns seriously and fight on your behalf.