You’ve been injured in an accident and you are under the impression that you will be able to file a claim for compensation you deserve. Many people face the prospect that they will be caught in the midst of a case that could drag on for years. You might be faced with the reality that you will have to settle your case faster or accept less than you were hoping for. Today, we will look at the many aspects that keep claims from settling quickly and why it takes so long to receive the compensation you deserve.
Why Settling Takes Time
Personal injury claims can take quite some time to settle. Though there are not many ways that you can speed up the process when it is out of your control, you might be faced with the option of accepting less for your damages. If this is not possible, then you might become involved in a waiting game. Here a few of the reasons why your case might be taking time to settle:
Problems with Liability: Liability is not always easy to determine as we expect. The determinations of your entire case and your right to compensation fall onto the parties who are considered liable in your accident. You will have to prove that the other party owed you a legal duty of care on our roadways and breached this duty of care, leading to your accident.
Problems with Damages: On the other hand, you might run into issues with the damages in your case as well. As an example, if you cannot show that another person was speeding and this led to your injuries, you might not be able to compensate. Your treating physician might not believe that your physical pain was caused by the other party and you might be left to pick up the pieces.
“Big Money” Involved: If there are large damages involved in your case because you have missed months at work or you have become permanently injured and the medical costs are high, you might be waiting for quite some time for your case to settle. Insurance companies will not pay out large sums of money unless they can see that they have no good defense for the case, the injuries are as severe as you claim they are, or you are very credible in your case and they can’t prove otherwise.
Never Reached MMI: MMI, known as “maximum medical improvement,” means that your health is at its peak and as good as it’s going to get in your current position. You never want to settle your claim until you meet this point if it is possible to wait. Of course, there are times when it might be unclear if you will ever truly recover from your injuries, and then you will have a big decision to make.
Moving Forward with an Attorney
In some cases, you might be able to get around some of these issues with the help of an attorney on your side who is knowledgeable in gaining you the best settlement in a short period of time. If you have been injured and you are feeling helpless about your finances and how you will be able to support yourself during this difficult time, we want you to know that you have many rights to compensation and will find that the process is easier with legal help on your side. At Katz, Kantor, Stonestreet & Buckner, our experienced personal injury attorneys have helped in the midst of many West Virginia car accident claims and are willing to help you gain as many damages as possible to pay for your needs after an accident. Please reach out to us today at (304) 713-2014 to find out what we can do for you.
