Do you think you have an injury case? Don’t you want it to remain un-filed for years? You may think whether or not you can just settle the case immediately even though you only have to get less cash to do it. The answer—you can.
In general, you can settle a personal injury claim fast as long as you’re willing to be awarded less cash. The real question here is that how much cash would you be willing to give up for a fast settlement?
This article takes a look at the reason settlements take longer than usual, as well as why you should consider before taking a fast settlement.
Why Does It Take So Long?
Firstly, you should know why a few personal injury claims can take a very long time to settle. The three main reasons a personal injury claim can move slowly are the following:
- there are factual or legal problems with the claim
- the case involves loads of money
- you haven’t reached a maximum medical improvement point from your injuries.
If your case takes in any of these conditions, then, unfortunately, your case is just going to take time to settle not unless you’re willing to take less money just to resolve it.
There Can be Issues With The Case
What types of problems can arise? The value of an injury case is solely determined by liability (who was responsible) and damages (how severely was the victim injured).
If liability is difficult to prove (for instance, faulty product cases frequently involve difficult liability problems), then the insurance company is not likely to offer a reasonable settlement until the victim’s attorney has put the claim in suit and employed liability experts to demonstrate that the defendant was guilty.
If there is a legal matter in the case (e.g., the insurance company thinks that you do not have the legal right to sue), it’s unlikely that the insurance company will make any major offer until a judge or jury has to decide for you to sue.
On the other hand, there could be issues with damages. For instance, the treating doctor may be uncertain that the negligence of the defendant resulted in the injury of the victim. It’s always the victim’s burden to establish that the negligence of the defendant resulted in your injuries.
If your physicians are uncertain on this, the insurance company will not offer a reasonable settlement until it’s satisfied that your attorney can present a physician to testify that the fault of the defendant resulted in your injuries.
The Claim Involves “Big Money”
Another thing that can drag a settlement is if the claim involves high damages (loads of money). The insurance company just won’t pay big huge on a settlement until they’ve done their individual due diligence.
For an insurance company, due diligence indicates investigating each aspect of the damages and liability that surrounds the case. The insurance company won’t be prepared to make a settlement for reasonable money until they’re convinced that
- they do not have a strong defense to a case
- your injuries are as serious as claimed that they are, and
- they can’t attack one’s credibility.