Three Reasons Your Personal Injury Claim Can be Delayed
If you have been injured in an accident and want to file a persona injury claim, you may be wondering how long the process could take. Every personal injury case is different and presents its own challenges. The majority of claimants don’t need to be in court to settle their claims. Often, they can get a fair settlement from the at-fault party’s insurance company with the help of their Colorado personal injury lawyer. A good attorney knows the most common causes of claim delays and what must be done to avoid them.
Your personal injury claim process could take longer than others depending on your specific circumstances. Below are the reasons for the possible delay:
Difficulty in Proving Liability
The at-fault party may not accept liability, making the claims process complicated. If liability is disputed, this means both parties will have to go back and forth in negotiations which could delay your claim. The at-fault party’s insurer may not give the full amount of your damages or may deny your claim altogether.
Moreover, some legal issues surrounding your accident and how it occurred may cause the case to slow down. Your attorney may need to offer more evidence to help prove who had a legal duty of care to uphold and how this duty of care was breached. If settlement negotiations fail, you can file a lawsuit which could be long and complicated. A personal injury lawsuit can take months or even years to resolve.
Your Injuries Take Longer to Reach Maximum Medical Improvement
Your personal injury attorney will never want you to accept a quick settlement offer from the insurance company because you could get less than the worth of your claim. Some injuries may not heal quickly and you may even suffer more complications as days go by.
You need to wait until you reach maximum medical improvement so you and your attorney can accurately monetize the value of any medical treatment you may need in the future. Your injury may have long-term complications that may affect your life every day.
Concerns Regarding Your Damages
In your personal injury claim, you could encounter disputes on the kinds of damages you have suffered and their value. Damages like medical bills and loss of wages could be easier to monetize since they have a defined dollar amount. However, damages like pain and suffering are more difficult to calculate. If you are trying to recover higher amounts of damages, the insurance carrier may stall negotiations to avoid paying out a huge amount of money.