How Long Must Claimant Wait For Settlement of Personal Injury Case?

If a case were to drag on, then the claimant would have to wait for resolution of the dispute, and the eventual settlement. Would it make sense to work towards achieving a quick settlement?

Claimants need to ask this: What do I value most, my time or the chance for more money?

Could there be a logical reason for the lengthy wait, until the 2 sides have settled their dispute?

–Have questions arisen, with respect to liability of the accident, or for the resulting injuries? If that is the case, then the lawyer’s readiness to fight any challenge could lead to a settling of the dispute.
–Has the insurance company delayed delivery of a promised payment? Perhaps it hopes to push the plaintiff to accept a smaller payout.
–Has the insurance company chosen to delay its investigation of the reported accident?

What might cause an insurer to call for a delay in an anticipated investigation?

• Those leading investigation need more time, in order to come up with a good defense.
• Filed information has caused insurer to doubt the credibility of the victim/claimant.
• Evidence has failed to convince insurance company that claimant’s injury is really that severe.

What must claimants do, after finding it necessary to fight that final cause for a delay—doubt about a given injury’s severity?

Claimants’ response could be one of welcoming a delay. Someone with a severe injury would have a long recovery period, before reaching the level of maximum medical improvement.

An Injury Lawyer in Mississauga might request an extension of the deadline that has been stated In the statute of limitations. This would be the reverse of an effort to push for a fast settlement. This approach could highlight any problems that may have arisen during the recovery.

What could a claimant gain by agreeing to such a delay? Insurance companies can tell when the party that submitted the complaint has a desire to settle quickly. Insurers are eager to seize on such an opportunity.

When agreeing to an early settlement, the adjuster normally offers only 30% to 40% of what the claimant would have otherwise received. That is one reason why lawyers urge their clients to await the level of MMI. The other reason has to do with the signed release form. Once a claimant’s signature has been placed on that form, the insurance company becomes free of responsibility for any new symptoms or any unexpected complications.

Suppose you and the opposing party did manage to settle your dispute quickly. Suppose, though, that you later had some strange and unexplainable symptoms. Those symptoms might relate to the accident, but the insurance company would have been freed of any responsibility for further medical problems.

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