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Why Is My Car Accident Settlement Taking So Long?

Offered by The Law Offices of Casey D. Shomo, P.A.

Let a skilled Palm Beach County car accident lawyer fight to streamline your compensation

If you were involved in a car accident in Florida, you’re likely dealing with injuries, mounting medical expenses, and the inability to work and earn a living. That’s frustrating enough. But the timeline of your car accident case can add to the frustration, especially when insurance companies are dragging their feet.

Understanding why your settlement is taking longer than expected can help ease your frustration and guide you toward a resolution. With a skilled Palm Back County car accident lawyer on your side, your right to compensation is protected, even when the insurance companies try everything in their power to reduce or deny your claim.

What is the car accident settlement process?

A car accident settlement typically involves several stages, each contributing to the overall timeline. This includes:

Initial reporting and claim filing

After a car accident, you must promptly report the crash to your insurance company. Filing a claim involves providing details about the car accident, including the police report, photographs, and contact information of other parties involved. Delays often happen if the initial report is incomplete or submitted late.

Investigation and evidence gathering

Both insurance adjusters and your attorney will investigate the car accident to determine who was at fault and the extent of damages. This process includes reviewing police reports, interviewing witnesses, and assessing vehicle damage. Gathering all necessary evidence can be time-consuming, especially if key information is missing or hard to obtain.

Medical evaluations and treatment

Your medical condition has a major influence on the settlement process. Insurance companies require comprehensive medical records to evaluate your injuries and treatment costs. If your recovery is ongoing, insurance companies may delay your settlement to fully understand the long-term impact of your injuries.

Negotiations with insurance companies

Once all evidence is collected, both parties engage in negotiations to agree on a settlement amount. These negotiations can take time while your attorney fights to maximize your compensation.

Possible legal proceedings

If negotiations stall or insurance companies refuse to settle, your case might proceed to court. Litigation can significantly delay the settlement as legal procedures and court schedules add additional layers to the process.

How does Florida's no-fault insurance affect settlements?

Florida is a no-fault insurance state, meaning drivers must first seek compensation for medical expenses and lost wages through their own Personal Injury Protection (PIP) coverage, regardless of fault. However, if your injuries exceed the limits of your PIP policy or are classified as serious under Florida law, you may file a claim against the at-fault driver. This distinction can affect how long your settlement takes, as cases involving serious injuries often require more extensive investigation and negotiations.

Why is my settlement taking longer than expected?

Several factors can cause your car accident settlement to drag on, including:

The complexity of your car accident case

Some cases involve multiple parties or disputed liability, which makes it harder to reach an agreement. When more than one party is at fault, or if fault is unclear, insurance companies may push back against your claim.

Incomplete or delayed documentation

Missing or delayed documents can halt the settlement process. Insurance companies require thorough documentation, including medical records, police reports, and witness statements. Any gaps in this information can lead to delays.

Ongoing medical treatment

If your medical treatment is not yet complete, you may not receive an adequate settlement until you reach maximum medical improvement. This ensures that all future medical costs are accounted for in your compensation.

Negotiation tactics

Insurance companies often use strategies to keep their costs down. They might offer low initial settlements or delay responses to pressure you into accepting less than you deserve.

Additionally, they may ask trick questions to get a recorded statement from you. However, your statements can be used against you, even if you don’t think you’ve admitted fault. Don’t give them any answers until you’ve consulted with an attorney.

Common questions insurance companies ask include: 

  • Can you describe what happened in the accident?
  • Were there any witnesses to the accident?
  • Did anyone sustain injuries, and have you sought medical treatment?
  • Have you spoken to any other parties involved or their insurance companies

Common mistakes that can delay a settlement

Some delays in settlement are caused by mistakes that accident victims may unknowingly make.

These include:

  • Failing to report the accident promptly, which can lead to disputes with the insurance company.
  • Delaying medical treatment, making it harder to link your injuries to the crash.
  • Posting about the accident on social media, which can be used against you by the insurance company.
  • Not following through with your treatment plan, which might signal to insurers that your injuries aren’t serious.
  • Trying to handle your case without legal representation, leaving you vulnerable to delays caused by incomplete paperwork or inadequate evidence.

How can I speed up my Florida car accident settlement?

While some factors are beyond your control, there are several proactive steps you can take to expedite your settlement.

Promptly provide the required information

Respond quickly to any requests from your attorney. Providing complete and accurate information without delay helps prevent unnecessary holdups in the process.

Stay organized and keep detailed records

Maintain a comprehensive file of all documents related to your car accident. That should include your medical bills, repair estimates, and communication with insurance companies. Organized records make it easier to provide evidence when needed and reduce the time spent searching for information.

Communicate effectively with your attorney

Regularly update your attorney on any new developments or documents you receive. Clear and consistent communication ensures that your attorney can act swiftly to avoid misunderstandings that could delay your settlement. Never discuss your car accident case with anyone other than your attorney.

Follow medical advice and complete treatments

Adhering to your treatment plan demonstrates your commitment to recovery and provides a clear picture of your medical needs. Completing your treatments can prevent insurance companies from prolonging the settlement to account for ongoing care.

How much can I expect from my car accident settlement?

A car accident settlement in Florida can range from a few thousand dollars to hundreds of thousands or more. It depends on how severe your injuries are and how much they impact your life.

For example, if you sustained a serious injury, needed surgery, and couldn’t work for several months, your settlement should account for your medical expenses, lost income, and any pain and suffering you endured.

While you may be desperate for money during such a difficult time, it’s important to be patient and let your attorney determine the true value of your claim. This way, you don’t find yourself paying out of your own pocket for someone else’s negligence.

What factors determine the value of a settlement?

Several factors influence the value of a car accident settlement, including:

  • Medical Expenses: Past, current, and future medical costs associated with your injuries.
  • Lost Wages: Compensation for income lost due to your inability to work, as well as future earning capacity if you’re permanently disabled.
  • Pain and Suffering: Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
  • Fault and Comparative Negligence: If you’re partially at fault, Florida’s comparative negligence rules may reduce your compensation by your percentage of responsibility.

How can a Palm Beach County car accident attorney help me?

A car accident in Palm Beach County can happen in the blink of an eye and change your life. The overwhelming medical bills, damaged vehicles, and emotional stress can make it difficult to see a way forward. But with a strong legal advocate on your side, you can fight back against the insurance companies and maximize your chances of getting fair compensation.

An experienced car accident lawyer in Palm Beach County can handle your claim from start to finish while you focus on recovering. They can also be a buffer between you and the insurance company so you don’t inadvertently jeopardize your claim by saying the wrong thing.

Don’t let financial stress hinder your recovery. A Palm Beach County lawyer operates on a contingency fee basis, so you won’t pay unless they win your case. Contact a verified lawyer today for a free consultation to take the first step toward justice. They’ll be glad to answer your questions, help you explore your legal options, and map out the next steps in your case.

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The Law Offices of Casey D. Shomo, P.A.
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The Law Offices of Casey D. Shomo, P.A. offers personalized legal services in Palm Beach Gardens, FL, focusing on personal injury and wrongful death cases. Mr. Shomo and his team ...