3 Reasons Your Car Accident Case May Be Delayed

Law Blog

If you have been involved in a car accident and have sustained a number of injuries, you may be seeking compensation through a personal injury case. Still, your case is unlikely to be resolved in a couple of weeks. There are multiple delays that can surface to cause your car accident case to remain open for a period. Here are a few of them: 

You are still actively receiving medical care.

After a car accident, your medical care may involve courses of treatment, such as chiropractic care that progressively improve your condition to help you heal. It can be difficult to calculate your damages effectively if your medical treatment is still ongoing. The responsible insurer will need to compensate you for all of your medical costs. Once your medical care is complete, your accident lawyer can substantiate your claims for medical damages with an itemized list of procedures and costs.

Your injuries are questionable.

It is best to receive medical care at the scene of the accident if you believe that you have sustained injuries. All medical treatment that is received is documented and can serve as a record of your injuries. When medical care is received immediately following an incident, it is difficult for an insurer to accuse you of falsely claiming to be injured through the accident. However, if you delay treatment by waiting days or weeks after an accident to seek care, your injuries may be questionable to those responsible for compensating you.

If the insurance company questions the origin of your injuries, you may have to provide documentation from your doctors or other medical professionals to help prove that your injuries are due to the accident. During the period while your injuries are being questioned, your settlement may be delayed.

The settlement amount for intangible damages is being negotiated.

Real damages are directly presented by itemized costs, but your car accident lawyer will use a formula to assign a monetary value to your intangible damages, such as your pain and suffering. Retribution is often sought for the negative impact that the accident has had on your ability to relate properly to your loved ones and on your earning potential for the future. Once the insurer agrees to the amount sought for the intangible damages, your case can move forward.

To learn more about the reasons that a car accident case may be delayed, schedule a consultation with a personal injury attorney in your area.


25 May 2016