CALL 916-777-7777
Youtube Facebook-f X-twitter Linkedin-in

Common Factors That May Delay an Injury Claim

Posted on behalf of Arnold Law Firm in
HourglassIf you filed a claim for injuries caused by someone else’s negligence but are still waiting for the insurance company to return your calls, offer fair compensation, or process those forms you filled out, you may be wondering what is causing the delays. While some delays in a claim may be reasonable, there are other times when the insurance company purposely causes the delay to try to get you to settle for less than the full value of the claim. Learn more about common reasons for delays with injury claims. Our Sacramento personal injury lawyers are prepared to help you through the process of filing your claim to help you recover the full value of your claim as quickly as possible. Our attorneys are prepared to discuss the facts of your claim during a free consultation. We do not charge you anything upfront or while we work on your claim and only get paid if you do.

SEVERITY OF YOUR INJURIES

Some accidents result in serious injuries that may take a significant amount of time to heal. Since treatment costs are likely to continue piling on, it is usually a good idea to begin negotiating for compensation once you reach maximum medical improvement. At that point, your doctors may be able to help you better understand what the cost of future treatment could be. It is important that you discuss the costs of diagnosis, treatment, and future medical expenses with your doctors and your attorney, who may then begin negotiating on your behalf. While this may, unfortunately, delay your recovery of compensation, it is an important step that should not be rushed. If you rush, you may undervalue your claim.

COMPLEXITIES OF NEGOTIATIONS

Once you know the value of your claim, your attorney will likely begin negotiating with the insurance company. Unfortunately, the insurance company will probably not agree on the number your attorney presents, and they will likely reject paying it. However, they may make a counteroffer that is significantly less. Soon after, your attorney can make another demand and so on until a deal is made. It may take time to reach a number both sides will agree to. The insurance company may drag its feet on responding to counteroffers, hoping the victim will give up and accept the insurance company’s most recent offer of compensation.

LEGAL DISPUTES

If there are disputes over who may be liable for an accident, it may take time for a proper investigation to be finished. Accident reconstruction experts may need to be brought on board to determine how the accident occurred and who is ultimately liable for damages. Additionally, the insurance company may claim your symptoms are due to a preexisting condition or your negligence. Any disputes over liability may delay your claim while each side gathers sufficient evidence to try to prove their version of events.

TAKING YOUR CASE TO COURT

There are some instances when the insurance company is denying liability and therefore refusing to negotiate. When this happens, it may be necessary to file a lawsuit. While this may help get the insurance company to move its feet, the process of going to court may be lengthy, as there are a lot of steps involved. One of those steps includes the process of discovery, which may take weeks or more to get through, depending on the complexity of your claim.

CALL AN EXPERIENCED LAWYER TODAY

Although there is no quick way to resolve a personal injury claim, there are some delays that are not always justified. The insurance company is going to try to delay paying your compensation for as long as possible to get you to give up fighting for it. Fortunately, our attorneys are prepared to deal with the insurance company on your behalf and work hard toward moving the process along as quickly as possible, as we seek full compensation. We offer a free consultation to discuss the facts of your claim and see what legal options may be available to you.

Call us today at (916) 777-7777.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.