21 Mar Reasons Your Personal Injury Check Is Delayed
Overview: Read this article to find out why your personal injury check might have been delayed.
If you’ve filed a claim and are still waiting for the insurance company to send your fair compensation, you might be wondering what’s causing the delay.
Sometimes people who file personal injury claims are unaware of the entire claims process and become anxious; they might assume their check has gotten lost in the mail or that they’re no longer receiving it. However, the truth is that many people experience a delay in their personal injury check for a variety of reasons.
While you might be tempted to jump to the worst case scenario, it’s best to understand the actual reason behind a delayed check. We’ll cover 3 top reasons people experience a delayed personal check in this article.
WHAT COULD CAUSE A DELAYED PERSONAL INJURY CHECK:
While there’s no definite answer as to why personal injury checks can be withheld, there are some delays in the claim that are reasonable. Let’s consider the top reasons:
1. Severity of Injuries/Duration of Medical Treatment:
Some incidents result in severe injuries, which may require a significant amount of time to recover. Settlement negotiations don’t begin until the victim has completed their medical treatment process. Once the victim has fully or maximally healed, the personal injury attorney will assess the total cost of past medical expenses and anticipate the ones following in the future.
The doctor’s role is to help you better understand what the future treatment cost might be. Depending on the severity of the injury, some injuries heal faster than others. If the incident has triggered a preexisting problem, the reports will mention it. With this claim, the insurance company of the alleged party can reject the claim.
What helps here is that the overall costs of diagnosis, medical treatment, and future expenses can be filed with the personal injury lawsuit, so your attorney can negotiate on your behalf. This might not sound exciting to you, but delaying the compensation process if you have suffered serious injuries is rather wise. Rushing the process will end up undervaluing your claim.
2. Legal Disputes:
The insurance company usually claims that any symptoms a person has are preexisting to remove responsibility from them. If these types of disputes exist and it’s a challenge to determine who is liable, the process will take a considerable amount of time for proper investigation, as both parties will gather evidence to prove the victim.
To investigate further, particularly with vehicle accidents or accidents on the road, accident reconstruction experts are brought on board to help determine how the incident occurred and who is to blame.
An accident reconstruction expert is an experienced professional with extensive knowledge of physics, engineering and skills in reconstructing the scene of an accident. The reconstruction experts take into account the weather conditions, visibility, and vehicle and/or pedestrian speed.
3. Complexities With Negotiation:
Once you discuss and agree to the value of your claim, your attorney will negotiate with the negligence party or their attorney; in most cases, they will present a counteroffer that will be significantly less than what was initially asked. Soon after, your attorney will demand a different offer… and the process continues until they agree to an agreeable amount.
It will take a while to reach a number from both sides. The alleged will try to elongate the process, so the victim gets tired and gives up the process and accepts the recent offer. They usually create circumstances that the victim agrees with the current proposal.
We recommend you take a look at one of our previous articles, “How Can I Prove My Pain and Suffering: Knowing and Claiming Your Worth.” This article addresses how to appropriately prove your pain and suffering so you get your full compensation from an injury.
Remember that your lawyer is trying their best to negotiate, but sometimes the case might be forced to be taken to court for a lawful decision to be made. The process of taking it to court will be the prerequisite step. The legal court process will further require a couple of weeks, depending on the complexity of your claim.
HOW TO AVOID DELAYS?
- Going to the hospital and following your doctor’s orders is crucial. It helps show the credibility and severity of your injury.
- Saying very little or almost nothing to the negligence party will strengthen your claim. Sometimes, the victim says things that devalue their claim without them knowing.
HIGHLY EXPERIENCED INJURY LAWYERS:
This is something that’s often ignored, but hiring a lawyer who is not fully invested and immersed in your case and is too thinly spread can also affect the timing and paycheck of your settlements.
Also, if your lawyer is overworked that could take away their focus from your case, likely resulting in delays in the settlement process (and weakening your position in the eyes of the insurance company).
If your attorney isn’t making time for you and not negotiating from a position of strength, it’s hard to say that you’re going to receive total compensation.
>> RELATED READING: 12 Important Questions to Ask Before Hiring a Lawyer
We recommend an initial consultation with a licensed attorney. This first meeting will help you understand how your case might play out, what to expect, and the dos and don’ts of filing your claim.
Your life is precious, and so is your case. You don’t want to let your compensation diminish in value while struggling hard to win justice for yourself. If you’re going through an injury and believe it to be a personal injury claim, discuss it with professionals today.
Remember that after you have gone through the personal injury claim process, you might be expecting to receive your payment right away. However, certain legal actions might need to take place before the check is issued to you.
With patience and good communication with your attorney, you’ll eventually receive the check!
>> READ MORE: 11 Tips to Avoid Workplace Injuries
>> READ MORE: Don’t be a Staged Car Accident Victim