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Why Do Personal Injury Cases Take So Long to Settle?

Jessica Nix • Feb 06, 2023
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You might hope for a quick settlement when you file a personal injury claim, but you are more likely to receive the compensation you deserve if you are patient. Most personal injury cases tend to move very slowly. If they don’t, it’s likely because the insurance company is trying to offer you less than what you deserve.


Of course, every personal injury lawsuit is different, and the timelines can fluctuate from case to case — but the reality is that personal injury claims can take months to negotiate or a year or more to litigate before a settlement or verdict can be reached.


Whether you have already filed a personal injury claim, or you are looking to hire a personal injury lawyer in Atlanta to represent you, just remember there are several factors that could delay your settlement. Even if the insurance company offers you a settlement quickly, it may not be in your best interest to accept the first offer.


Three Reasons Why Your Personal Injury Case Might Be Delayed


Regardless of the details of your personal injury lawsuit, your settlement negotiations might drag on for reasons including:


  1. Legal or factual issues – Proving liability and/or negligence is a crucial part of every personal injury case. Insurance companies can deny or withhold compensation if they don’t believe your injuries and damages were caused by their policyholder’s (the defendant’s) negligent actions. This is especially true if you didn’t seek medical care right away or a doctor is unable to testify that your injuries are a direct result of the defendant’s actions. An experienced personal injury attorney may be able to investigate and demonstrate how the defendant was at fault — proving they were liable for any injuries or damages you sustained.

  2. A significant amount of money is involved – Insurers usually want to eliminate compensation altogether or offer you the lowest payout possible, especially if your case involves costly damages or injuries. Until insurance companies have done their due diligence of investigating every aspect of your case, they will try to poke holes in your claim and refuse to pay a huge settlement. For an insurer to agree to a big settlement, they must reach the conclusion that they don’t have a valid defense to your claim. They tacitly concede your version of events is true (or can’t be disproven) and there are no longer disputes regarding the severity and source of your injuries.

  3. Maximum medical improvement has not been reached – If you are still receiving medical treatment while you wait for a settlement offer, you could see a delay in your claim. It is often difficult to reach a fair settlement if the full nature and extent of your injuries is unknown. Once you reach maximum medical improvement (MMI), your lawyer can accurately assess the long-term value of your case and negotiate with the insurer to get you the compensation you deserve.


People who suffer debilitating injuries may or may not recover. The settlement you’ll need if you can never walk again will be drastically higher than the money you’ll need if you fully recover your mobility in a matter of months. Plaintiffs may need to be patient in letting their doctors and legal team fully understand the scope of their injuries, so they don’t risk accepting a settlement that won’t cover their long-term costs. 


When Does It Make Sense to Settle for Short Money?


You may not have the income or savings to wait for the long-term costs of your injury to be fully understood, which is why many plaintiffs are tempted to take a lesser settlement if that means things like your medical expenses and property damages are recovered quickly.


While there are no set rules regarding short settlements, speaking with a personal injury attorney about your case can help you understand the advantages of waiting for a fair settlement and options to help you cover costs until that time. If your insurer gets close to the number you and your lawyer agreed upon, it may make sense to accept their settlement offer.


Experienced Personal Injury Lawyers in Atlanta, Georgia


Seeking legal representation as soon as possible after being injured in an accident caused by a negligent party is likely in your best interest. The sooner the negotiations can begin, the less time you’ll be forced to wait for payment.


The personal injury attorneys at The Law Office of Rickard, Drew & Nix represent Georgia families who have been injured in an accident or lost a loved one in a wrongful death accident.


We will advocate for you and fight on your behalf to get you the settlement you deserve. Contact our office at (404) 588-1001 to schedule your free consultation with a member of our team today. 

By Jessica Nix 25 Apr, 2024
If you’ve been injured in an accident and have filed a claim, what happens next is critical. According to The Law Dictionary, 95% of civil cases settle at some stage. What will make or break the case for your future is having a seasoned attorney by your side to fight for the compensation you and your family deserve. A personal injury lawyer knows the ins and outs of dealing with reluctant insurers and can drag them to court if necessary. Once you reach that point, their expertise can be the key to unlocking the maximum restitution you’re entitled to. Dealing with the aftermath of a personal injury can be overwhelming, but having the right legal team makes all the difference. The Law Office of Rickard, Drew & Nix has a proven track record and in-depth understanding of personal injury law. We deliver more than just legal representation; we give you a strategic advantage. Read on to discover just how consequential having a skilled Atlanta attorney is after an accident and how they can secure maximum compensation for you and your family. Why Should I Hire a Personal Injury Attorney Finding your way forward after an accident can feel like walking blindfolded through a maze. You’re drowning in medical bills, you can’t work, and you may be having conflicts at home from all the stress. An experienced personal injury attorney can cut through all the noise and show you the crucial legal steps to take. Personal injury lawyers bring a wealth of relevant knowledge to the table. They know how insurance companies argue and stall. They also have negotiation strategies that bring them to heel so you can focus on recovery. Top 5 Benefits of Hiring an Experienced Personal Injury Attorney in Atlanta Personalized Legal Strategy An adept lawyer devises a specific strategy to win your case. Higher Compensation Having astute legal representation typically results in substantially higher compensation. Complex Case Management Being represented by a personal injury attorney in complex cases is absolutely indispensable. These cases typically involve intricate legal procedures. No Upfront Costs Most personal injury law firms work on a contingency basis, meaning you pay nothing unless they win your case. Peace of Mind Leaving the fight to a legal professional vastly reduces stress and offers the emotional support you need in this difficult time. Common Injuries Where an Attorney is Crucial Certain accidents that result in life-altering consequences like severe neck and head injuries, paralysis, or wrongful death make having an attorney essential. Incidents involving Uber/Lyft accidents or workplace injuries can become messy to deal with on your own. What Will It Cost to Hire a Personal Injury Attorney? The vast majority of personal injury attorneys operate on a contingency fee basis. If they don’t win your case, you pay nothing. This proves that by taking your case, they are confident of success and will work diligently to win. Personal Injury Compensation FAQs Q. Should I get a lawyer for a minor injury? A. Many clients believe they can win these types of cases on their own, and they may be right. However, they often need to negotiate for what they really deserve before taking the first settlement offered. That’s where having a personal injury attorney makes all the difference. Q. How much is my personal injury case worth? A. The answer depends on how severe your injuries are, their impact on your quality of life, and your prospects for recovery. Your personal injury lawyer can provide a detailed assessment of your case's worth. Q. Can a lawyer get me more money for my pain and suffering? A. Your lawyer is a skilled negotiator who knows all the tricks insurance companies play. While pain and suffering damages require specialized tactics to maximize, it’s all in a day’s work for an experienced legal expert. Q. How do personal injury lawyers increase settlement amounts? A. Your attorney will interview you to grasp all the details of your case and then collect comprehensive proof. They may consult experts to testify on your behalf or use legal precedents. If necessary, they can also threaten litigation to gain leverage and reach a higher settlement without going to court. Want to Learn More? Contact the Best Personal Injury Firm in Atlanta The team at Rickard, Drew & Nix has seen firsthand the transformative impact of a skilled legal ally. Our clients can attest to our dedication and commitment to their future financial security and how tough we fight for their rights. We can do the same for you, and we will. Contact Us You only get one chance for rightful compensation. Make it count by contacting our knowledgeable team today for a free consultation with a personal injury expert. We’ve got your back, Atlanta, and we’ll prove it.
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