Personal injury cases can often take a long time to settle or resolve, leaving injury victims frustrated as they wait for compensation.
A common question among many personal injury clients is, “Why is my lawyer taking so long to settle my case?”
While every personal injury case is unique, there are some common reasons these cases take many months or even years before reaching a settlement.
How Long Does a Personal Injury Case Take to Settle in West Virginia?
There is no fixed timeline dictating how long a personal injury case should take to resolve. Each case is unique and will progress at its own pace based on the details involved. However, most personal injury cases in West Virginia fall within this general timeline:
- 0-30 Days After the Accident: The injury victim seeks prompt medical attention, reports the incident, gathers evidence, and contacts a personal injury attorney to discuss their potential claim.
- 30-90 Days After the Accident: The lawyer investigates liability, analyzes medical records, calculates damages, and sends a demand letter to the at-fault insurer requesting compensation for the victim’s losses.
- 3-12 Months After the Accident: The insurer evaluates the demand, negotiates with the attorney, and hopefully makes a fair settlement offer. Simple cases with clear liability may be resolved on the shorter end of this window.
- 1-3 Years After the Accident: If the insurer disputes fault or makes lowball settlement offers, the victim’s lawyer may need to file a personal injury lawsuit. The litigation process takes time. Most cases settle before trial, but complicated cases could go to court.
- 2-5+ Years After the Accident: Severe injuries, defendants with limited insurance coverage, or other complexities could extend the timeline further through appeals and other delays. But these longer cases are less common.
So, while every personal injury case is different, history shows the typical settlement timeline ranges from 6 months to 2 years after the accident. However, many variables can accelerate or extend the process. Let’s look at some of the key factors:
Why Does It Take So Long to Settle a Personal Injury Case?
Several important reasons help explain why settlement negotiations drag on after a personal injury:
You Are Still Receiving Medical Treatment
Your personal injury lawyer cannot fully calculate your compensable damages or negotiate a fair settlement until you complete medical treatment for your accident injuries. This is especially true for serious or catastrophic injuries that require months or years of ongoing care.
The at-fault insurer will likely refuse to settle your case until all your medical records are available for review. Since treatment timeframes vary, settlement timelines get drawn out.
Disputes Exist Over Liability and Fault
Insurers often deny or dispute liability claims to avoid paying settlements. They may argue factors like:
- Another party was fully or partially at fault
- You contributed to the accident through your own negligence
- The incident was an “unavoidable accident” with no clear liable party
Proving fault and liability requires thorough investigation and strong evidence. If the at-fault party refuses to accept blame, your attorney may need to file a lawsuit and litigate the case, adding significant time to the process.
The Potential Settlement Value is Large
Insurers have the motivation to move quickly on smaller personal injury claims. But if your claim value exceeds policy limits or involves catastrophic damages, they will spend more time scrutinizing details to minimize their payout.
High-value claims also tend to involve severe injuries that require lengthy medical treatment, adding delays. Large settlements often take over a year to negotiate.
You Retained an Inexperienced or Overwhelmed Attorney
An accomplished personal injury lawyer has the resources and expertise to efficiently calculate damages, negotiate strategic settlements, and litigate cases when needed. An inexperienced lawyer may let cases linger.
Similarly, some lawyers take on too many cases, spreading themselves too thin. Their excessive caseloads cause delays for clients. So, choose your attorney wisely.
The Insurer is Using Delay Tactics
Some insurers purposely delay settlements, hoping to pressure victims into accepting unfairly small offers. As bills pile up, lawsuit delays drag on, and life is put on hold, injured victims become more desperate.
Don’t fall for these tactics. Your attorney can implement strategies to hold insurers accountable and bring the case toward resolution.
Your Case is Complex
Factors like multiple defendants, disputed liability, preexisting conditions, limited insurance coverage, or catastrophic injuries can complicate a claim. Complex cases with numerous intricacies take significantly more time to investigate, litigate, if necessary, and resolve.
Other Common Causes of Delay
Many other factors can slow down the settlement timeline, including:
- Delayed collection of evidence like police reports, videos, and witness statements
- Insurance company hesitation to make a fair offer
- Serious or complex injuries that impact determining a full value
- Multiple parties involved, such as pile-up accidents
- Jurisdiction disputes between insurance companies
How Can I Speed Up the Settlement of My Personal Injury Case?
While most of the above factors are out of your control, some proactive steps can help expedite your claim resolution:
- Seek prompt medical care: Get diagnosed and follow prescribed treatment plans right away. Gaps in treatment can delay the case.
- Communicate regularly with your attorney: Update them on all medical appointments, treatment, insurer communications, and any questions.
- Reply quickly to attorney requests: Provide any requested documents, records, and evidence in a timely manner. Unresponsive clients contribute to delays.
- Attend independent medical exams (IMEs) when scheduled: Insurers often require IMEs to validate injuries. Refusing to attend adds delays.
- Avoid posting on social media about the accident: Insurers review social media, so don’t post details that could undermine your claim.
- Consider early settlement offers carefully: Settling early for less may be preferable to a lengthy legal battle, depending on your situation.
Trust a West Virginia Personal Injury Lawyer to Resolve Your Claim
The West Virginia personal injury attorneys at Miley Legal are dedicated advocates for clients injured in all types of accidents. We have the experience, resources, and determination to help you obtain fair compensation as swiftly as circumstances allow.
To start on your road to justice and recovery, schedule a free case review today.
