Have You Had Contact With Police As A.Medical Assessment Question Why Is My Personal Injury Case Taking SO LONG?

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Why Is My Personal Injury Case Taking SO LONG?

PERSONAL DIFFERENCE CASE TIME FACTORS

Your personal injury attorney should fully explain why your case is taking so long. There are many legitimate reasons why a personal injury case takes time, but if your attorney can’t explain why your case is pending, you may want to consider changing attorneys. Some law firms sign more cases than they can handle, and it’s possible that your case is sitting in a file cabinet that has been overlooked, don’t be shy to request an update.

These are the factors that affect the length of a personal injury case:

  1. Insurance Coverage

  2. Length of Treatment

  3. Insurance Company Policies

  4. accountability

  5. Quality of Medical Reports

  6. Severity of Injuries

  7. Type of Case

  8. Untouchable

INSURANCE COVERAGE

The minimum policy limits for auto liability insurance coverage in New York is 25/50. This means that the maximum that can be paid is $25,000 per person and $50,000 per incident. So if you are seriously injured, the only person injured in the accident and it is clearly the other car’s fault, your case can be easily settled. The insurance company will likely “assign” their policy to you, which means they will pay for their entire policy. Under the circumstances, it would be “bad faith” if they don’t. Unfortunately, even if your case is settled quickly, you won’t get much money.

Let’s say you have both serious injuries and good liability, but the other vehicle is a truck with $1,000,000 in coverage. This is where you don’t want to rush. Sure, you can settle this case immediately, but that’s not the best way to handle it. With only $25,000 to collect, the case may be settled before you finish treatment, but if there is a lot of money to collect, it doesn’t make sense to try to settle the case before completing treatment, because the medical that treatment “damage. ” That increases the value of your case. Here we want to proceed for a good settlement and litigation if not offered. This will make the case longer, but it is well worth it.

LENGTH OF TREATMENT

More serious injuries usually mean longer treatment. Sometimes clients ask why their case is not resolved when they are actively in treatment or still unable to work. It is not possible to determine the value of the case until treatment is complete, and trying to settle a case at that point may sell it short. For example, if the injuries cause you to lose work for a year and a half, your case will not be settled for at least a year and a half (assuming you have adequate insurance coverage.) on the other hand, a case. with minor injuries that require less treatment can be settled more quickly, but do not provide such a high settlement. The important thing to ask the lawyer is the reason why the case is taking so long at any given time – you need to be sure that it is not just sitting in the file cabinet because they are busy with other cases.

INSURANCE COMPANY POLICIES

Some insurance companies have a policy of wanting to make fair settlements quickly. They have a team of claims representatives who follow up on their caseloads and answer calls from attorneys. You can send them a medical package that they will review in a timely manner and then they will make an offer in a reasonable amount of time. If the offer is not accepted, a lawsuit can be initiated. There are actually companies that are just as good – one of the best has some funny animal commercials.

Some insurance companies do not want to settle cases. Their claims reps are few and they don’t bother to return calls. They asked for 60 days to review the medical records. They make bad offers to settle cases. The lawyers know which companies these are and know that lengthy litigation is required. Some attorneys will not even accept cases if they know they are affiliated with certain insurance companies! If your case takes longer because it’s against an insurance company that isn’t actively litigating cases, it’s not your attorney’s fault. It doesn’t matter if your Aunt Jean made a lot of money quickly in a lawsuit against a “good” insurance company.

LIABILITY AND YOUR PERSONAL INJURY CASE

If you have a police report that shows you were rear-ended by a drunk driver who was texting, there is likely no dispute about liability. This expedites the case because the only discussion is “damage.” On the other hand, if a man passed a light, but claims that you passed the light, it may be necessary to settle the case through depositions before it is resolved. It’s frustrating when you see the other guy pass the light, but that’s for courts and judges. Depositions cannot be made until both sides have exchanged documents and after several court conferences. This case is not in a hurry to get the full amount.

QUALITY OF MEDICAL REPORTS

If you treat with quality medical providers who know how to make reports for accident cases it will help for faster settlement. Medical reports that are written and not comprehensive give claims adjusters little to “hang their hats on” when asking for “authority” to put money toward your claim. That is when an insurance company may want more litigation if you are looking for a large settlement. They want to hear your testimony in a deposition and send you to their doctors for an examination. Good quality medical reports can facilitate a settlement.

TAKE YOUR INJURIES AND YOUR PERSONAL CASE SERIOUSLY

Assuming that there is coverage, it will take time to make a very good settlement amount in a serious case. This is the type of case where lengthy litigation can improve the final settlement. You want the insurance company to know that you are willing to go to trial if they don’t get enough money. Although most cases eventually settle, with serious injuries you may want to prepare the case for trial, even settling on the eve of trial. It may take years, but it will be worth it.

DIFFERENT TYPES OF CASES, BRING DIFFERENT PROFITS OVER TIME

Car accident cases have a “serious injury standard” that must be met. In minor cases, it is important to have at least enough treatment to reach this standard, which usually means treatment for a minimum of three months. Other types of cases do not have this standard. For example, if you fall in a supermarket and go to the doctor and have a sprained ankle that heals quickly, your case may be resolved quickly. A case of food poisoning can be easy because there is little treatment once the problem is alleviated. Product liability and malpractice cases often take a long time because experts must be hired and complex investigations must be conducted.

INTANGIBLES THAT PACK AT THE HEIGHT OF A CASE

The insurance company refuses to pay for your surgery that is not “medically necessary,” and the doctor will settle this refusal. It may take more than a year to get a decision. It is wise to wait for the decision because the surgery is an important part of the damages in your case and having an arbitration decision that it is medically necessary is important for your case.

The insurance company has transferred your claim to a new claims representative who must now review your entire file from scratch. This can add months to the time it takes to resolve the case. The insurance adjuster goes on a long vacation or family vacation and has no one to discuss your claim. Of course, litigation can continue, but the case will not be resolved unless there is a claims rep to discuss it.

There are many reasons why cases take time to resolve. The most important thing to remember is that it is your attorney’s job to explain why your case is taking the time it is taking. If you are in the dark, you don’t have the right lawyer. If your attorney can’t fully explain why your case is taking so long, consider changing attorneys.

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