injured by a malfunctioning saw

3 Reasons Your Personal Injury Case Is Being Delayed

20 January 2016 by Lawrence Miller

If you have been injured in an accident due to someone else's negligence, you may be pursuing compensation through a personal injury case. However, your case may be taking longer than you expected. There are multiple situations that can delay a personal injury case. Here are a few:

There are issues surrounding the assignment of liability or the extent of damages. 

If the insurer of the negligent party feels that liability in your case has not been clearly proven, the insurance company is unlikely to pay the requested compensation amount. However, your personal injury case won't likely remain at a stand-still. Your lawyer may find ways to provide more proof that the defendant is at fault. For example, your attorney may hire liability experts to help prove your case. If the insurer still refuses to agree to the proposed settlement amount, your case may have to go to court. Even if your case is delayed by court proceedings, it will eventually be settled either by an offer from the defendant's representatives or by a court ruling.

There may also be issues with your physical damages. Medical treatment that was received is only reimbursed if it is directly related to the accident. However, if your physicians conclude that your injuries were pre-existing, the defendant's insurer will not pay without substantial proof that refutes your physician's initial conclusion. Thus, your attorney will need to provide statements from other medical professionals that substantiate your injury claims. 

Medical care is still needed to improve your condition. 

Your case may also be delayed by ongoing medical treatment. It can be difficult to determine the amount of compensation that should be awarded for medical care if the medical care is still ongoing. Once you have received the maximum benefit from your medical treatment, an appropriate settlement sum can be assigned. However, as long as you are still receiving treatment, your case will not be complete. Still, treatment should not be rushed. The cost of treatment needed for your injuries will certainly impact your overall estimation of damages.

There is a large amount of compensation involved in the case.

If your personal injury case involves a large amount of money, the insurer will want to be certain that they only pay the amount of compensation that you are due. Thus, they may conduct a thorough investigation of your case. Their investigation may continue until they are fully convinced that your claims are correct.

If you have questions about a delay in your personal injury case, contact your personal injury attorney. He or she can provide insight into the reason for your delay.   

Share