Why is My Car Accident Settlement Taking So Long?
Sometimes, a car accident settlement negotiation process can take longer than you might think due to various factors. Dealing with insurers, back-and-forth negotiations with the opposing party, difficulties gathering evidence, and other such obstacles can mean car accident victims sometimes have to wait longer than necessary to receive their compensation.
If you’re going through the car accident settlement process in Pennsylvania, the car accident attorneys at Cordisco & Saile LLC can help. Our lawyers are highly experienced and have long track records of securing compensation for car accidents. No matter what’s delaying your settlement, our attorneys will work to get the compensation you deserve as soon as possible. Contact us online today for your free consultation.
Reasons Your Settlement May Be Delayed
Your car accident settlement may be delayed for several seasons. A variety of common factors can lengthen the negotiation process so that you have to wait longer to receive the compensation you deserve.
Complex Liability Issues
The issue of fault is a central part of any car accident negotiation. Sometimes, it can be difficult to determine who is liable for a car accident. For example, multi-vehicle accidents, accidents involving public transit agencies, and accidents in which the plaintiff may have been at fault can all stall a potential settlement while liability is determined.
Severe Injuries and Extensive Property Damage
The more severe the damage and injuries from an accident, the longer it can take to negotiate a settlement. Severe accidents involving catastrophic injuries carry high financial stakes, so both sides are incentivized to blame the other party to avoid paying out damages. Long-term medical treatment for severe injuries can also impact the settlement process, as injured parties may have challenges appearing for litigation or negotiation if they are hospitalized or require frequent treatment.
Low Estimates and Delay Tactics From Insurance Companies
In car accident cases, insurance companies’ top priority is protecting their corporate profits. They actively want to settle cases quickly while paying out as little money as possible to injured parties.
Insurers may deliberately stall settlement processes to pressure injured parties to accept less compensation than they deserve. For example, an insurance company may slow the process by requesting more extensive records than the case requires to further tempt the injured party to accept a lower settlement rather than drag out a longer investigation.
Accident Investigation and Evidence Collection
An accident investigation can be a major roadblock to a smooth settlement process. Injured parties must gather extensive evidence, and sometimes, an expert is needed to examine the case and reconstruct the accident based on available facts. Finding reliable eyewitnesses to testify about the accident and securing finalized police reports can hamper settlements if not done quickly and properly.
Challenges With Litigation and Negotiation
The negotiation process can prolong the time it takes to receive compensation. Settlement negotiations often involve lowball initial offers, counteroffers, and counterclaims from the opposing party that can make it harder for the parties to arrive at a final settlement amount.
If negotiations break down and a settlement is not reached, the parties may have to take the case to trial. Litigation often makes a settlement take even longer to receive. A trial may be required, and the parties are at the mercy of the court calendar. Protracted litigation will result in a longer wait for compensation.
State-Specific Personal Injury Laws
Personal injury laws specific to the state where the accident occurred can delay the settlement process. States have different statutes of limitations for personal injury claims, meaning that a plaintiff has only a certain amount of time after the accident to file their car accident claim. Pennsylvania’s statute of limitations for personal injury claims is two years from the accident date. Disputes about whether a case was filed within the statutory period can make it harder to settle.
State laws also vary in how they handle fault and liability issues, especially when it comes to comparative negligence. State comparative negligence laws can impact whether a plaintiff has the right to recover damages if they are partially at fault for their injuries.
Pennsylvania is a modified comparative negligence state, meaning a plaintiff can still receive compensation if they are not more than 50 percent at fault for their injuries. Comparative negligence laws can extend the settlement process, as insurers or defendants may contest the apportionment of fault to prevent the plaintiff from recovering damages.
How a Car Accident Lawyer Can Help With Your Car Accident Settlement
A skilled and qualified Pennsylvania car accident attorney can reduce unnecessary delays and accelerate the settlement process. Your attorney can assist you by:
- Filing your case and handling communication with the opposing party
- Gathering evidence from the accident
- Contacting eyewitnesses for testimony
- Communicating with your health care providers to collect necessary records
- Negotiating with insurance companies on your behalf
- Taking your case to trial if a fair settlement can’t be reached
Having a reliable attorney on your side can make all the difference in receiving a prompt settlement.
Reach Out for Your Free Car Accident Settlement Consultation Today
If you have questions about the average length of time for a car accident settlement or need representation in your case, Cordisco & Saile LLC can help. Our nationally recognized team of Pennsylvania car accident attorneys has won over $100 million in verdicts and settlements for our clients. We try to remove as much stress from the legal process as possible so you can focus on recovery after an accident.
Call (215) 642-2335 or contact us online today for your free consultation.
