Personal Injury Claims: What to Do When the Timeline Drags On

Understanding Why Personal Injury Claims Take So Long

Personal injury claims can stretch from months to years, depending on case complexity. Common reasons for delays include:

• Severity of Injuries – Long-term or permanent injuries require extensive medical documentation.
• Disputes Over Liability – If fault is contested, investigations take longer.
• Insurance Company Tactics – Insurers may delay settlements to pressure claimants.
• Backlogged Courts – Overburdened legal systems slow down litigation.
• Multiple Parties Involved – Cases with several defendants or plaintiffs take more time.

Understanding these factors helps manage expectations and strategize effectively.

Steps to Take When Your Claim is Delayed

1. Stay in Regular Contact with Your Attorney

Your lawyer should provide updates, but proactive communication ensures transparency. Ask:

• What’s causing the delay?
• Are there pending medical records or expert reports?
• Has the insurance company responded?

If your attorney isn’t responsive, consider seeking a second opinion.

2. Keep Detailed Records

Maintain organized documentation, including:

• Medical bills, treatment records, and doctor’s notes.
• Correspondence with insurers, attorneys, and opposing parties.
• Proof of lost wages and other financial losses.

This ensures no gaps in evidence that could further stall your case.

3. Follow Through with Medical Treatment

Insurance companies scrutinize gaps in treatment. To avoid accusations of exaggeration:

• Attend all follow-up appointments.
• Comply with prescribed therapies.
• Document pain levels and limitations.

A consistent medical record strengthens your claim.

4. Avoid Settling Too Quickly

Insurers may offer lowball settlements early, hoping you’ll accept out of frustration. Instead:

• Wait until you reach maximum medical improvement (MMI).
• Consult your attorney before accepting any offer.
• Consider future medical costs and lost earning capacity.

Premature settlements often result in inadequate compensation.

5. Push for Mediation or Arbitration

If negotiations stall, alternative dispute resolution (ADR) can expedite resolution.

• Mediation – A neutral mediator helps both parties reach an agreement.
• Arbitration – A binding decision made by an arbitrator.

These options avoid lengthy court battles.

6. File a Lawsuit if Necessary

If negotiations fail, litigation may be the only option. Steps include:

• Filing a complaint – Officially starts the lawsuit.
• Discovery phase – Both sides exchange evidence.
• Depositions – Witnesses provide sworn testimony.
• Trial – A judge or jury decides the outcome.

While time-consuming, lawsuits may be necessary for fair compensation.

How to Handle Financial Strain During Delays

1. Explore Pre-Settlement Funding

Some companies offer lawsuit loans, but be cautious:

• High interest rates can eat into your settlement.
• Only borrow what’s absolutely necessary.

2. Negotiate Medical Liens

If medical bills pile up, some providers may agree to deferred payment until settlement.

3. Utilize Personal Savings or Payment Plans

• Set up payment arrangements with hospitals.
• Use credit cautiously to avoid long-term debt.

Common Tactics Insurance Companies Use to Delay Claims

1. Requesting Excessive Documentation

Insurers may ask for repetitive or irrelevant records to prolong the process.

2. Delaying Responses

They might take weeks to acknowledge correspondence, hoping you’ll give up.

3. Lowball Settlement Offers

Initial offers are often far below fair value, forcing extended negotiations.

4. Disputing Medical Necessity

They may argue treatments were unnecessary, requiring additional expert opinions.

When to Consider Changing Lawyers

If your attorney is unresponsive, inexperienced, or lacks urgency, switching may be necessary. Signs include:

• Missed deadlines.
• Poor communication.
• Lack of a clear strategy.

Consult another lawyer before making a decision.

Final Thoughts on Managing a Prolonged Claim

Patience and persistence are key. While delays are frustrating, staying organized and proactive ensures the best possible outcome. Keep documenting, follow medical advice, and rely on legal guidance to navigate the complexities of a drawn-out personal injury claim.