If you are considering filing a personal injury lawsuit, you may be wondering how long it will take to reach a settlement.
As a general rule of thumb, you can settle any personal injury case quickly--as long as you are willing to accept less money. Insurance companies will often make a low-ball offer within a matter of weeks or months of the time of an accident.
However, many of our clients at the Law Offices of Dan Davis reject these offers because they would not recover the adequate compensation for their injuries and other losses they have suffered. Typically, these offers will not take into account lost wages or pain and suffering.
Why Is My Personal Injury Claim Taking So Long?
If you would like to obtain the most favorable settlement possible, it may take a long time.
The following are three main factors which relate to slow-moving personal injury cases:
- Legal or factual issues are present in the case - If liability is difficult to prove, then the insurer is not likely to make a fair settlement offer until the plaintiff’s attorney builds a strong case and hired liability experts to show the defendant was at fault. If the plaintiff’s doctors are unsure that the defendant’s negligence caused the plaintiff’s injuries.
- The case involves a large sum of money - Insurance companies will not pay big money on a settlement until they have investigated every aspect of the liability and damages associated with the case. They must make sure that they do not have a good defense to the case, the plaintiff’s injuries are as serious as he or she claims them to be, and they cannot attack the plaintiff’s credibility. Keep in mind, insurers will intentionally delay settlement on a huge case to see if the plaintiff will accept less money.
- Reached a point of maximum medical improvement for your injuries - Perhaps the plaintiff is still recovering. Do not settle a personal injury case until maximum medical improvement (MMI) has been reached. MMI means that you are as good as you are going to get. If a person is still treating, it is unclear whether he or she will fully recover or not. Cases involving full recovery from injury is likely worth less than if the plaintiff never did recover.
If your case involves these specific circumstances, then your case is going to take some time to settle unless you are willing to accept a low offer. No matter what you do, it is critical to seek legal representation from a personal injury attorney to help you determine the risks of an immediate settlement based on the facts of your case.
If you have suffered an injury caused by a negligent party in Oklahoma, schedule a free consultation with our Oklahoma City personal injury attorney at the Law Offices of Dan Davis today.