You suffered an injury accident that was somebody else’s fault. You have a valid claim, but now you’re missing work, and your medical bills are piling up. So, how long will it be until settlement money appears in your bank account? That depends on many factors, some of which are detailed below.
Any “average” figure for how long it takes to settle is essentially meaningless. It all depends on the details of your particular case. In general, it takes a few weeks to a few months to settle in most instances. In extreme cases, it could take years. Take a look at the factors below to give you a general idea of how long it might take to settle your claim.
Delay in Reaching Maximum Medical Improvement
You reach “maximum medical improvement” (MMI) whenever your doctor decides that your medical condition has already improved as much as it is ever going to. If you’re lucky, that means you’re just like new again (although perhaps deeply in debt). If you’re not so lucky, you’re suffering from a long-term disability.
A delay in reaching MMI usually means a delay in calculating the amount of your personal injury claim. How can you calculate your medical expenses, for example, if you haven’t finished accumulating them?
Comparative Negligence
Comparative negligence applies when two or more parties are at fault for the accident. Were you partially at fault for the accident? If you were, you are going to have to agree on your percentage of fault.
If you were more than 50% at fault, you don’t qualify for compensation under Nevada law. If you were 50% or less at fault, you would lose whatever percentage of your damages equals your percentage of fault for the accident–25%, for example.
Insurance Company Stalling Tactics
The insurance company has a thousand ways of dragging its heels on resolving your claim. You can expect this kind of treatment because insurance companies lose money by paying claims. If they go too far, however, you might qualify for a “bad faith insurance” claim against the insurance company for monetary damages.
Whether You File a Lawsuit
Most personal injury claims never mature into lawsuits. Sometimes, however, it makes sense to file a lawsuit even when you still hope to settle.
Filing a lawsuit will beat the statute of limitations deadline, for example. At the very least, it will get the opposing party’s attention.
Pretrial Discovery
The pretrial discovery process is a powerful method of gathering evidence that the other side holds, You only get access to it once you file a lawsuit. The main legal tools you can use
are:
- Depositions (sworn testimony from the opposing party’s witnesses);
- Interrogatories (written questions that the opposing party must answer under oath);
- Demands for access to physical evidence (such as the at-fault driver’s car, for instance); and
- Demands to copy documents that the at-fault party holds (a waiver of liability form, for example).
If the opposing party refuses to cooperate, you can ask the court to enforce your demand. Remember, however, that the opposing party can use the same legal weapons against you.
Your Negotiation Skills (or Your Lawyer’s)
Negotiation skills matter; in fact, your entire claim could turn on it. Let your lawyer do the negotiating for you. Don’t worry, as your lawyer cannot agree to a settlement without your consent.
Disbursement of Funds
It’s one thing to sign a settlement agreement. It’s another to see the money in your bank account. It can take a few weeks after you sign a settlement agreement before you see the money, especially if you’re dealing with the bureaucracy of a large insurance company.
Non-Economic Damages
When you seek non-economic damages, you are demanding compensation for intangible losses–pain and suffering, for example, or emotional distress. Non-economic damages often add up to three to five times the amount of your medical bills and lost earnings.
That is why insurance companies fight so hard to avoid paying them. It will probably take more time to resolve your claim if you’re demanding high non-economic damages.
The Total Size of Your Claim
The larger your claim, the harder the insurance company will fight to avoid paying it. That’s just human nature. Don’t expect a quick settlement if you’re asking for a lot of money.
The Scientific Complexity of Your Case
Some cases are scientifically complex. Do you need an expert witness to prove your claim, for example? The use of expert witnesses is routine in medical malpractice claims and product liability claims. Almost any type of personal injury claim can get complex under certain circumstances, however.
Never, ever try to represent yourself in a scientifically complex case, even if you are an expert in the subject matter at hand.
Long-Term Injury
Long-term injury claims tend to drag out settlement negotiations because you have to estimate future medical expenses and future lost earnings. You might need expert witnesses to help you estimate these expenses. This is something you absolutely must get right the first time.
Imagine that you have 40 years of life expectancy remaining, and your permanent disability prevents you from returning to your old job. Further, imagine that you need a lifetime of medical treatment. If you ask for too little compensation, you could run out of money 25 years from now. By then, it will be too late to ask for more.
The Availability of Defenses
Viable defenses will complicate your case even as they decrease your odds of victory because defenses take time to prepare, present, and rebut. Following is a partial list of potential defenses.
- Comparative negligence (see above).
- Assumption of risk: You signed a waiver of liability, for instance.
- Expiration of the statute of limitations deadline.
- Pre-existing injury: Your injury predated the accident in question.
- Trespassing: In a dog bite claim, for example.
- Causation: The defendant’s actions did not cause your injury.
- “Act of God”: Bad weather caused the accident, for example.
Many other defenses might be available, depending on the applicable facts.
A Stubborn Opposing Party
Sometimes, it comes down to individual personality or corporate culture. An irrationally stubborn attitude by the defendant can delay your claim as much as any other factor. This is less likely to happen if you’re dealing with a large insurance company.
The Quality of Your Las Vegas Personal Injury Lawyer Matters
You don’t need to worry if you can’t afford to pay hundreds of dollars per hour for legal representation. Under the contingency fee system that most personal injury lawyers use, your attorney has just as much incentive to expedite your claim as you do.
After all, you pay nothing in legal fees unless you win. The sooner your lawyer resolves your claim, the sooner you both will have money in your bank accounts. Contact De Castroverde Accident & Injury Lawyers at (702) 222-9999 for a free consultation with our Las Vegas personal injury attorney.