Why Is My Lawyer Taking So Long to Settle My Case?

“Justice delayed is justice denied” is one of the most famous legal sayings of the law world which may or may not hold true. In certain situations especially in personal injury it surely holds its place and with its terms of settlements.

A personal injury settlement is a one-shot deal. It’s almost impossible to reopen closed cases in these situations. Therefore, the settlement must accurately reflect all possible future medical expenses. If it does not do so, the victim could be financially responsible for these charges.

Evidence is a major concern in these types of cases due to the best evidence, like surveillance video footage, immediately availability becomes an issue. So, if a lawyer settles a case too early, the strongest evidence may not be available. As a result, the settlement amount could be lower than it should be.

Most of the insurance firms usually don’t link to being dragged their feet in such matters.The longer the settlement money stays in the bank, the more interest the company earns. So, insurance company lawyers normally don’t settle until the last minute.

Choosing the right legal representation is crucial yet if you reach us as your Los Angeles personal injury attorney, we’ll be dedicated to resolving your case efficiently and effectively. Simplifying the process is what an attorney should do but few of those may take too long to settle your case or it can delay collections on medical bills and other expenses.

While you wait for your case to settle, you can talk to your lawyer about a settlement advance if you need money quickly to pay bills or other expenditures. In light of the anticipated settlement amount, this loan has a short term.. However, it’s important to be understood that these advances often come with interest or fees, so make sure to understand the full cost before agreeing.

Initial Investigations

The start of serious settlement talks should be delayed until medical treatment is at least largely finished due to the previously mentioned future medical costs. A professional attorney can research the facts, draft a claim, and prepare for insurance company defences during this period of time.

Many pieces of the factual puzzle, like witness statements, the police accident report, and medical bills, are available almost immediately. As mentioned, other evidence surfaces later, usually during discovery. This lawsuit phase comes after the initial filing. It also follows any procedural motions. In other words, it could be several weeks, or even months, before it begins.

Based on the available evidence, a Los Angeles personal injury lawyer formulates a legal theory. This theory is usually ordinary negligence or negligence per se. Some lawyers take shortcuts and work backwards. In other words, they develop legal theories and look for evidence to support them. Generally, shortcuts in life are dead ends.

Moreover, only a thorough investigation reveals possible insurance company defenses. Unless an attorney refutes defenses like comparative fault, maximum compensation is unavailable. No one likes to wait, but settling for less is even worse.

Pre-Filing Settlements

If liability is crystal clear, demand letters often settle personal injury cases. Once the time is right, a lawyer sends a letter to an insurance company which demands a sum of money in exchange for a waiver.

This sum usually includes the economic losses and a reasonable amount for noneconomic losses. A reasonable amount is usually two, three, or four times the amount of economic losses, based on the evidence in the case and a few other factors.

A personal injury claim’s demand letter is a bit like a new car’s sticker price. Both figures serve as a negotiation starting point. Both sides then compromise and agree on a number.

Post-Filing Settlements

Personal injury claims are so complex that there is almost always some question about liability. Insurance companies use these uncertainties as an excuse to delay settlement. To get things moving again, attorneys normally file legal paperwork. Additionally, by this time, the statute of limitations may be close to expiring. Filing suit is the only way to preserve the victim’s legal rights.

• Mediation, a crucial phase of the lawsuit process, often leads to settlement.
• It typically involves a one-day court-supervised negotiation session.
• Both sides are legally obligated to negotiate in good faith, ensuring genuine efforts to reach a resolution.
• Parties must avoid merely “going through the motions” and present reasonable offers.
• Compromise is expected when necessary to achieve a fair settlement.

Largely because of this added court supervision element, mediation is about 90 percent successful. Victims of injuries are legally entitled to substantial settlement. For a consultation that is free with an experienced personal injury attorney in Los Angeles, contact the Attorneys at the Law Offices of Eslamboly Hakim. We do not charge upfront legal fees in these matters.