After a car accident, you may be anxious to have the settlement process finished. While you may have some immediate financial resources or help available, healing and recovering your physical and emotional health can take a while and rack up many medical bills. You are required to start payment on them, but you are still unsure how much your Philadelphia car accident lawyer will be able to recover for you and when it will happen.
Accident settlements can take various lengths of time to settle for a number of reasons. Sometimes, even a simple case may take a year or more from start to finish. This can cause a lot of uncertainty and anxiety during the process. However, understanding how the process works may ease some of that, allowing you to rest easy and trust that your attorney is doing what needs to be done.
Gathering Evidence
Once you secure an attorney following an accident, the investigation will begin. At this point in the case, your lawyer and the insurance company’s representation will begin gathering documentation to build the argument. In addition to any pictures of the accident, they may request several documents that can take weeks or months to receive in full.
- Police or crash report
- Medical records
- Social media
- Witness statements
- Cellphone records
While the initial request may be quick or easy, it often has associated fees. Many care providers have a long list of record requests and ask that you allow as long as two weeks or more to receive the documentation. If you are waiting on assessments or evaluations, those can sometimes take weeks to complete and longer to receive.
Negotiations
The insurance agent’s job is to protect their assets however they can, meaning they will frequently send an offer soon after the accident that may cover preliminary expenses like the damage to your vehicle but is not a fair representation of your costs. This offer is typically lower than you deserve. A knowledgeable attorney will know this and negotiate the settlement offer for a higher amount by using evidence to support the amount you are requesting.
Many lawyers may advise waiting until you have seen all doctors and completed treatment. This will ensure you clearly understand what you can expect regarding total medical costs and that any expected future costs are accounted for in the negotiation. Waiting for this information means you do not begin negotiations until that time, further delaying receipt of your compensation.
Most parties want to agree on a settlement amount instead of going to court to avoid the uncertainty of a jury. The statute of limitations in Pennsylvania and New Jersey is two years, meaning you may attempt negotiations for almost two years before being forced to file a lawsuit in court. However, if you and your attorney feel the insurance company is working in bad faith, you can file a lawsuit whenever you deem appropriate.
Litigation
If initial attempts at negotiation are not fruitful and you decide to file a lawsuit, this moves your case to a stage of litigation. Filing the lawsuit doesn’t take away your ability to agree outside of the courtroom, but it will show the insurance company that you are serious about your requests and have a strong case. You will often settle before the case goes to trial, but this may only be for a short period before the trial date, which could be months or even a year in the future.
Complicating Factors
Obtaining your settlement award in a timely manner can be tricky, even for a simple case. If your case has any complicating factors, though, this may increase the time your settlement takes. Some of those complicating factors may be:
- Multiple parties involved: if you have been in an accident with multiple people or a vehicle used for professional use, like a large truck or rideshare, this may mean that you are working with parties, lawyers, or insurance representatives.
- Extensive injuries: If you have sustained significant or catastrophic injuries, the damages requested will typically be much more. Where more money is requested, there tends to be more scrutiny and pushback.
- Amount of dispute: If your accident is not clear cut, or the insurance company feels they have grounds to question the validity of your claim, this can mean they are more challenging to negotiate with or that they draw out the process longer.
- External Factors: Some external factors could be scheduling issues, staff turnover, or even local disasters that mean there is a higher volume of claims.
Additionally, it is not uncommon for the insurance company to delay negotiations by requesting unnecessary information. This increase of back-and-forth information can cause additional delays if you must gather and send information for the company to review. Having a strong car accident attorney may help minimize this type of complication, so if you suspect this is what’s happening, pick up the phone and demand Rand.
Paying Bills
Once you have settled on an amount, you will determine how much money will be allocated to attorney fees and costs incurred from the case. In some cases, medical providers may agree to delay payment for services with the understanding they will receive payment from the settlement amount. Sometimes, this can mean additional administrative time to ensure that all fees you owe are paid out before you receive the final sum.
Understanding Your Settlement Delays
There is nothing quick about the settlement process, and curiosity about what is causing delays is warranted and certainly not uncommon. If you are working with an attorney, you will likely receive updates on your case that may help you better understand where it is in the process. You can also ask them for clarification to help set expectations on what comes next and when you may expect things to be finished.
If you are unsure of what is happening with your settlement and do not have legal representation, it may be a good time to meet with a lawyer. Not only will they likely know the tricks that lead to unnecessary delays, but a lawyer may very well be able to secure more compensation when negotiations or court has concluded than you would alone. If you have questions about your car accident claim, Demand Rand and schedule your free consultation today.
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