Claim Delays

Medical issues 

Suppose your accident causes severe injuries. You may be in a coma after your accident or require weeks or months of hospitalization. Suppose you’re one of the tens of thousands of burn injury victims requiring hospitalization. You may spend time in isolation, limiting your ability to meet with attorneys, provide depositions, and handle other legal matters.

Delays may be beneficial when a victim suffers severe medical issues. While it’s natural for injury victims to want a speedy resolution to their legal matters so they can receive financial compensation, understanding the extent of their physical injuries can impact the amount of compensation these victims should receive. Consequently, injury victims should complete all recommended medical tests. These tests identify all injuries and the severity of the injuries, ensuring the victim can pursue compensation for medical expenses for the medical treatment required for their injuries.

Determining fault 

It’s easy to determine fault in some cases. Suppose a drunk driver struck your vehicle while driving in the wrong lane. Your car accident lawyer can file a car accident claim against the drunk driver.

However, there are times when injury cases are more complex. Suppose a commercial vehicle struck your vehicle, causing injuries. The police report may assign fault to the person driving the commercial vehicle. However, there may still be other factors to consider. Suppose your attorney investigates and learns that the company that owns the vehicle failed to perform routine maintenance. Suppose their records indicate they forced drivers to work long shifts without breaks. There may be grounds for a claim against the driver and the company. Still, it takes time to acquire the data needed to identify all potential defendants, which can slow the personal injury case timeline. 

Denial of responsibility

Some defendants refuse to accept responsibility, even if they’re identified as the at-fault party in a police report. In most cases, insurance companies pay the settlement amounts, and the insurance company may have the policy to fight every claim. Although approximately 95% of personal injury cases settle out of court, negotiating with the insurance company won’t lead to an out-of-court agreement if they deny responsibility. 

Disputes over amount claimed

Whether you’re coping with a catastrophic injury from a slip and fall accident or injuries from another type of accident, you may find your settlement negotiations stall if the at-fault party disagrees with the amount of compensation you request. Personal injury victims can seek compensation for several expenses, including medical bills, services, lost wages, transportation costs, pain and suffering, trauma, and grief. While calculating the cost of medical bills is straightforward, it can be harder to assign a dollar value to compensate for the impact on your quality of life.

Wrongful death 

A case that begins as a personal injury claim can become a wrongful death case if an injury victim dies. When it’s possible for one or more accident victims to pass away, family members may opt to wait to file a claim.

Processing errors 

Processing errors can delay your claim. Suppose the person handling the paperwork for the insurance company enters the wrong case number when filing your paperwork. This could prevent payment or cause them to reject your claim initially. Claim delays are also possible if the company’s dealing with staff turnover.

The trial 

Claims that involve trials can take one or more years to resolve. The plaintiff must present evidence proving fault, and it can take months to gather evidence and interview witnesses. Since trials occur after settlement negotiations, it takes longer for injury victims to receive payments from cases that go to trial.

Appeals 

Suppose the defendant loses at trial and is ordered to pay compensation. The defendant may appeal the ruling to try to overturn the verdict. It can take several months to go through the appeals process. Injury victims typically don’t receive money for their claims until appeals are exhausted and the judgment is upheld.

How an Attorney Can Help You With Claim Delays 

At Adam S. Kutner, Injury Attorneys, we’ll ensure you understand your legal rights so you can begin building your case immediately. We’ll answer your questions, determine who’s at fault, and work to get you fair compensation for your injuries as soon as possible. 

Contact the personal injury lawyers with Adam S. Kutner Injury Attorneys to receive a free consultation after your accident.Call 702.382.0000 to speak with one of our personal injury attorneys today.

Sources: 

All Injuries. (2023). 

Burn Incidence and Treatment In the United States: 2016. (2023). 

Johnson, J. (2022). Personal Injury Settlement Amounts Examples (2023 Guide). 

Number of road traffic-related injuries and fatalities in the U.S. from 1990 to 2020. (2023).