Reasons Why Your Personal Injury Claim Could Be Delayed

Posted on behalf of James Lynch on April 8, 2020  in Personal Injury News. Updated on February 24, 2022

insurance-claim-form-stethoscopeThe personal injury claims process can be settled quickly if you accept the first offer from the insurance company, however, an experienced lawyer will advise against this. Most insurers are usually looking for a quick way to settle the claim by making a lowball offer.

Having a licensed New Jersey personal injury lawyer from Lynch Law Firm, PC working on your behalf could be beneficial to the outcome of your claim. Below, we discuss different ways your claim could be held up, along with some helpful tips to avoid the delays.

Common Causes for Delays

Depending on the details of your situation, some personal injury claims could take longer than others. Some of the more common reasons known to cause delays are:

  • You are still in recovering from your injury
  • Your claim is held up due to legal or factual issues
  • Your claim involves a tremendous amount of damages, which usually means a large amount of compensation

There could be times when it seems that your claim is at a standstill, however, having a knowledgeable lawyer could help push the process along much faster. He or she will be able to set up your claim correctly the first time by helping you provide the necessary information to avoid pitfalls.

Reaching Maximum Medical Improvement

If you decide to accept a quick lowball offer from the insurance company, you could be selling yourself short. Some injuries could take longer to reach maximum medical improvement, which means your doctor has declared that your injury is stable and will not further improve.

It is important that you wait until your condition has stabilized so that all your medical expenses can be accounted for. If you need future physical therapy or psychological counseling, your lawyer can calculate these costs to include them in your demand letter to the insurer.

Legal or Factual Issues

Delays could occur when there is a dispute about who is liable for the injury, the amount of damages that resulted or the overall financial value of the claim. 

In claims that are difficult to prove liability, the insurance company may not offer a reasonable amount of compensation to cover the full extent of your damages. You and your lawyer may need to provide additional evidence or hire an expert witness to further examine the cause for your injury.

Ways Insurers May Try to Delay Injury Claims

Insurance companies are in the business to be profitable, which means they look for ways to preserve their money, rather than giving it away to injury victims. Sometimes insurers go as far to deploy what is known as “bad faith tactics” to avoid making huge payouts.

When an insurance company receives a demand letter from you or your lawyer, depending on the details of the situation, the insurer may choose to ignore it, which can cause you to become impatient. The goal is to get you to accept a quicker, lower settlement than what your claim may really be worth.

Some insurers may try to contact you and ask you questions about your injury, and depending how you answer these questions, could cost you some compensation. For example, if you tell the insurance adjuster you are feeling “okay”, he or she could try to deem your injury as not severe. 

Having an experienced personal injury lawyer handle all communication with the insurer on your behalf is recommended in this situation.

How Long Should the Process Take?

Most personal injury claims could be processed within a few months while others could take over a year, depending on the situation. If you settle quickly, you might risk missing out on significant compensation.

Should you disagree with the insurance company’s offer, you may need to file a lawsuit. This could be a lengthy process and may require more patience so you can obtain the compensation you may need.

Call Our Firm To Get Started

Our lawyers at Lynch Law Firm, PC are ready to examine the details of your claim and help pursue maximum compensation to help cover medical expenses, lost income from missing work, and pain and suffering.

Reach out to our team of distinguished legal professionals for a free review of your claim. If you have a viable claim, there are no upfront fees for our services. We only receive payment if we help obtain compensation for you.

Call us anytime, 24/7 at (800) 518-0508 or fill out our free online form.

* Results may vary depending on your particular facts and legal circumstances.

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