By Dan Noll on September 7th, 2024 in Articles, Car Accident
Springfield Car Accident Lawyers Explain Why is My Car Accident Settlement Taking So Long in Illinois
If you’ve been involved in a car accident and are seeking compensation for your personal injuries, you may find yourself wondering how long the process takes to recover compensation. You may even ask why is my car accident settlement taking so long too and how could it be quicker. This is particularly true if you have significant medical bills, lost wages, and other expenses related to your accident and your personal injuries. Unfortunately, this scenario happens all too common. According to the National Highway Traffic Safety Administration (NHTSA), each year in the United States almost 2.4 million people are injured and over 43,000 people are killed in traffic accidents. Right here in Illinois, there are almost 1,300 fatalities from traffic accidents each year – which ranks as one of the top states for fatal crashes. Although the Springfield car accident lawyers at the Noll Law Office know that many catastrophic car accidents may settle quickly, they also know that this is not always the case.
The reality is that car accident settlements can be complex, involving multiple parties and various legal processes ranging from liability and indemnification, or ensuring all medical liens are covered. Although it is natural to want a quick resolution, it is also important to understand that a thorough settlement process often takes time to ensure you receive fair compensation for your damages. To learn more about how the experienced car accident lawyers at the Noll Law Office can help you and your family recover compensation for your damages in Illinois, schedule a free case consultation with their office.
Factors That Can Delay Your Car Accident Settlement
An experienced Springfield car accident lawyer can be invaluable in navigating this process and potentially expediting your settlement. They understand the intricacies of insurance claims, negotiation tactics, and legal processes that can impact the timeline of your case. With their skill and knowledge of the process, they can help gather and present evidence effectively, communicate with insurance companies on your behalf, and push for fair and timely compensation.
Moreover, a skilled car accident attorney can identify any unnecessary delays or tactics used by insurance companies and their adjustors that often are used to prolong the process, and then your lawyer can take appropriate action to keep your case moving forward. This is particularly true when there are medical liens (ERISA, CMS, or Workers’ Comp). However, there are some common causes that can result in your matter settling and the settlement taking longer. Thus, it is important for victims and their families to understand these factors when answering why is my car accident settlement taking so long.
Some of the most common causes for the delay of a settlement include the following:
Severity of Injuries and Ongoing Medical Treatment
One of the most common reasons for a delayed settlement is the need to fully understand the extent of your injuries and then develop the record to prove those injuries to an adjuster or defense lawyer. If you are still receiving medical treatment or have not fully healed (or reached a point where a doctor does not think you will continue to heal), it’s difficult to accurately assess the full value of your claim.
Your lawyer may want to wait until your medical condition stabilizes to ensure all future medical expenses are accounted for in the settlement, whereas an insurance company may want to try to settle immediately before those damages get higher or will try to drag the case out longer in hopes that you will take a quick settlement now because you need money right away. But in general, settlements involving higher injuries and more severe injuries often take longer to settle and then to recover proceeds once a settlement has been agreed to.
Disputes Over Liability
When fault for the accident is not clear-cut or is disputed by defendants and their insurance carriers, it can significantly extend the settlement process. Investigations may need to be conducted, witnesses interviewed, and expert opinions sought to determine liability. This process can take months, especially if the case involves multiple parties or complex circumstances.
Moreover, once a case has settled, if there are multiple parties it could also delay the recovery. This is because there will be multiple releases of liability that need to get drafted, reviewed, and signed by all parties. If a lawsuit has been commenced, there will also need to be many voluntary discontinuances as well. Sometimes a judge will also need to approve the settlement, including if a victim is incapacitated, if there is a power of attorney/guardian, or if the victim is a child and there needs to be an infant settlement.
Furthermore, if there was a wrongful death due to the accident, it may take even longer for the parties to handle the settlement process as the matter may need to go to probate court as well. Unfortunately, even if a case has settled, there could still be disputes in probate court as to liability, costs, and other matters between the defendants (although that is uncommon, yet still possible.
Insurance Company Tactics
Unfortunately, some insurance companies may intentionally drag out the settlement process. They might hope that you will become frustrated and accept a lower offer out of desperation to cover medical bills and lost wages. They may also use delay tactics to pressure you into settling before the full extent of your injuries is known.
Once a settlement has been agreed to, they may also take a long time for the papers to get processed internally. Sometimes this is not malicious, but just a product of supervisor review and working with their insured and their attorney. However, other times an insurance company may actually try to delay the settlement out of spite if court proceedings did not go to their liking or if they did not like the victim – this is particularly true if they are still evaluating whether they have a right to appeal.
Complicated Legal Issues
Some car accident cases involve complex legal issues that require extensive research and potentially even court rulings. These complexities can add significant time to the settlement process. This includes after a case has settled, such as through infant settlements, incapacitated individuals, guardians, wrongful death/probate, or other related matters. The same is true when an individual receives an award but the money is to be put into an annuity or is needed to be held by a trustee on behalf of the victim (such as an infant). Other times, resolving liens with ERISA, CMS, workers’ compensation, and other entities could delay a case and create for difficult legal issues.
Still Not Sure Why is My Car Accident Settlement Taking So Long?
Understanding why your car accident settlement is taking time can help alleviate some of the frustration associated with the waiting period. Although delays can be challenging, they are often necessary to ensure you receive full and fair compensation for your injuries and damages. Working closely with an experienced Springfield car accident lawyer can help streamline the process, protect your rights, and maximize your chances of a favorable outcome.
At the Noll Law Offices, their compassionate and experienced legal team can help victims and their families recover the compensation that they deserve for their personal injuries after a motor vehicle accident in Illinois. This includes for conscious pain and suffering, medical bills, lost wages, and other damages. To learn more about your rights under Illinois law and receive a free case evaluation, call (217) 414-8889 or by emailing them today.