What if you have a personal injury case and you don't want it to drag on for months or even years? You may be wondering if you can quickly solve your case even if you have to accept less money to do so. The answer is yes, but that doesn't mean it's a good strategy.
A personal injury claim can be resolved quickly, but that typically means taking less money. The important consideration is how much it will produce. Let's see why the sale may take longer than usual and why you should probably think twice before making a quick sale.
Why does it take so long to resolve my personal injury case?
There are three main reasons why the timing of a personal injury claim can get longer:
- there are problematic legal or factual issues
- the case involves a significant amount of money, or
- has not reached a point of maximum medical improvement. In these situations, your case will simply take some time to resolve, unless you are willing to accept pennies on the dollar to resolve it. Let's take a closer look. Problem problem with the case
What kind of problems are we talking about?
The value of a personal injury lawsuit is generally based on two main factors: liability (who was at fault) and damage (how badly the plaintiff was injured).
If liability is difficult to prove (for example, the parties and various witnesses say different things), then the insurance adjuster likely will not make a reasonable settlement offer until the plaintiff's attorney has demonstrated a willingness to fight by filing a personal injury. liability litigation and contracting experts to accurately prove the defendant's fault.
If there are legal issues in the case (i.e., the insurer believes you have no legal right to sue), then the insurer is unlikely to make a meaningful offer on the case until a judge decides on your. right to sue.
Alternatively, there may be damage issues. For example, treating physicians may not be sure that the defendants' negligence caused harm to the plaintiffs. The insurer will not make a reasonable settlement offer until it is convinced that your attorney can present a doctor to testify that the defendants' action (or inaction) caused your injuries.
The case involves "a lot of money"
Another factor that can delay the settlement is if the case involves major damage (a lot of money). Insurers won't pay a lot of money on a deal until they have done their due diligence. This means investigating all aspects of the case until they are convinced that:
- they don't have a good defense for your claim
- your injuries are as serious as you say, and
- they cannot attack your credibility.
Also, insurers sometimes delay the resolution of a major case simply to see if the plaintiff will give up and take less money. Some applicants cannot wait long to receive compensation. Insurers know this and will try to wait. Get tips on how to negotiate the best personal injury compensation.
He did not achieve maximum medical improvement
Another legitimate reason the settlement can take a long time is that you are still receiving medical attention. If you can afford to wait, you will never want to solve a personal injury case until you have reached a point of maximum medical improvement (MMI) for your injuries.
MMI means that you are as good as you can be and that you and your lawyer know how to evaluate your case. If you're still trying, the nature and extent of your injuries (and their impact on your life) isn't as clear as it should be.
Be satisfied with little money
What if you recognize that your case might be worth more if you wait for the right deal, but you need the money now? How do you determine what to settle for? There are no hard and fast rules on short settlements. The compensation offer from the insurance adjusters could be 30 to 40 percent of what they could offer you if your case were to go on until the eve of a trial. If you have a personal injury case and are thinking you want to resolve it quickly without engaging in a lengthy litigation process, you should still contact a personal injury attorney for personalized advice on the risks of a quick fix.