While first-party claims must generally be resolved within 15 days of the insurance company receiving all required information, the settlement claim process is often much longer for third-party claims. Here are some of the factors that can affect how long a San Antonio injury case takes to settle:
The Type and Severity of Your Injuries
The type and severity of your injuries can have a dramatic impact on the expected settlement timeline of your case. More serious injuries will usually require a longer time to recover than less serious ones.
Your personal injury lawyer will likely recommend that you wait until you have reached maximum medical improvement (MMI) before trying to settle your claim. This is when your medical condition has stabilized, and you have recovered as much as can be medically expected. It is also when your lawyer can estimate your damages, including future medical expenses and the financial effect of your injuries on your long-term earnings.
Whether Liability Is in Dispute
Some accidents are not always clear-cut. If the accident victim is blamed for the accident or more than two parties are involved, the issue can become complicated. Insurance companies and lawyers may conduct extensive investigations to prove fault.
Because Texas uses a modified comparative fault law when victims contribute to their own injuries, accident victims can recover compensation as long as they are not found more than 50% at fault for it. However, their compensation is reduced by their degree of fault. Insurance companies know these rules and may try to push the accident victim’s fault above the 50% threshold or blame someone else for it other than their insured.
Insurance Company Tactics
Insurance companies may use tactics to intentionally delay settlements. They know that accident victims were not expecting to be injured and may be overwhelmed with painful injuries, medical bills piling up, and lost income. They may fail to follow up with claimants, conduct a reasonable investigation, or act promptly after receiving requested information. These delay tactics are intended to frustrate claimants to get them to settle their case for as little as possible or to forfeit their claim altogether.
Whether Litigation Is Involved
If litigation is involved in your case, it will likely take longer to resolve. If the insurance company refuses to offer a fair settlement, your personal injury attorney may have to file a lawsuit to demand the compensation that you deserve.
If litigation is involved, extra steps may extend the timeline of your case as lawyers prepare pretrial motions, conduct discovery, and prepare for trial.
Contact George Salinas Injury Lawyers for Assistance with the Settlement Process
If you were involved in an accident and believe someone else is responsible for your injuries, George Salinas Injury Lawyers can help you through the settlement process. We are seasoned San Antonio auto accident lawyers who are very familiar with insurance company tactics. We can expedite your claim, while not taking any actions that can harm your settlement value. Contact us today to for a free consultation.