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We all heard the old story that slow and steady wins the race like a marathon runner. Although we never thought of a runner hitting a wall right? Similarly a personal injury case can lose momentum as it nears the finish line leaving many in wonder, why their case is taking so long to settle.
Settlement of a case is not like negotiating for a sofa for a better price. This can stretch weeks but mostly it takes months. Unfortunately, in a few cases, lawyers work slowly because they don’t pay attention to a case. Age-old excuses, like being overworked and understaffed, explain much of this delay. However, they only go so far.
Delay is frustrating for everyone. In most cases, though, delay is a necessary part of the process. Fundamentally, many people question the efforts of a Los Angeles personal injury attorney because they don’t trust the lawyer to do what’s right. Experienced attorneys who are dedicated to the practice of personal injury law almost never let you down.
After an accident, healing from injuries takes time and sometimes it is difficult to just heal from injuries which are not visible. Before winning a lawsuit, it is crucial to cover the entire range of medical demands because conditions like whiplash and shattered bones often call for extended treatment and specialized treatments. Let’s tear apart this depth.
Whiplash:
Broken Bones:
Future Costs and Compensation:
Settlement negotiations should only begin once medical treatment is substantially complete. This ensures all future costs and emotional impacts are accurately included, protecting victims from potential financial and emotional strain later on.
In the wake of an injury, only basic evidence, like the police accident report, is usually available. Such evidence may be strong enough to establish a bare-bones negligence claim. Victim/plaintiffs must only establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. However, a minimal amount of evidence is usually enough to obtain minimal compensation. Most injury victims aren’t willing to settle for the minimum.
Moreover, bare bones evidence usually isn’t enough to refute some common insurance company defenses, like comparative fault and assumption of the risk. In many cases, these defenses could torpedo damage claims, meaning that the victim filed suit for nothing.
The best evidence, like electronic evidence in a car crash claim, usually surfaces during discovery. This lawsuit stage happens well after a victim/plaintiff files legal paperwork and the insurance company files procedural motions.
Patience usually pays off. Once the best evidence is available, a claim’s settlement value usually increases. Even the most stubborn insurance company lawyers typically face the fact that they cannot win the case, so they’re willing to make a deal.
Late-stage evidence isn’t the only thing that drives up a settlement value. The calendar matters as well. The closer the trial date is, the more motivated an insurance company is to settle.
Additionally, if cases remain unresolved late in the game, most SoCal judges refer such matters to mediation. During mediation, insurance company delay tactics, like low-ball offers, are illegal. Negotiations need both sides to be honest and ready to compromise when needed to settle down quickly.
Since discovery has already occurred and the best evidence is available, the insurance company is usually the party that must compromise the most. In other words, thanks to mediation, victims don’t have to accept a second-rate offer an insurance company made earlier. Once again, patience pays off.Injury victims are usually entitled to significant compensation.
For a free consultation with an experienced Los Angeles personal injury lawyer, contact the Law Offices of Eslamboly Hakim. Lawyers can connect victims with doctors, even if they have no insurance or money.
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