A car accident claim can take a long time to resolve. The time it takes to settle often depends on issues with medical recovery, establishing liability, and negotiation tactics. Delays are especially common in cases involving serious injuries, multiple parties, or large compensation demands.
However, understanding the reasons behind delays can help you prepare for and avoid unnecessary setbacks. Contact Farah & Farah today to learn more about personal injury claims and how to get started on building your case.
Table of Contents
How Injury Severity Affects Settlement Timing
Complications With Medical Treatment and Records
Dealing With Multiple Involved Parties
Incomplete Documentation and a Lack of Evidence
Dealing With Delays in Administrative or Internal Processing
Investigations and Evidence Collection
Seeking Compensation for Large Settlements
When There Are Disputes Over Liability
Common Tactics Insurance Companies Use
How Injury Severity Affects Settlement Timing
One of the major factors influencing a case’s timeline is the severity of the victim’s injuries. Severe injuries require more extensive medical treatment and longer recovery times. As a result, the victim may need to seek out greater compensation to cover their damages. In addition, it may take more time to determine the full impact of the injury on the victim’s life to properly calculate the value of the claim.
Florida has a no-fault insurance system for car accidents, meaning you must first seek coverage under your own mandatory Personal Injury Protection coverage, which pays a portion of your medical expenses and lost wages up to your coverage limits. However, you might be entitled to pursue a claim against an at-fault driver and pursue non-economic damages like pain and suffering if you meet the serious injury threshold under Florida Statutes § 627.737. A successful claim requires evidence that their injuries are permanent, involve significant loss of an important bodily function, scarring and disfigurement, or death.
In Georgia, the legal system follows an at-fault model, meaning there’s no minimum level of injury required to pursue a claim. Still, the severity of an injury can affect how long a case takes to resolve, because fully documenting the scope of medical treatment, long-term effects, and overall losses is necessary before settlement discussions can be finalized.
Proving a severe injury can prolong your claim process. However, a dedicated attorney can help you collect medical records, witness testimony, and other compelling forms of evidence to support your case. Get in touch with our skilled legal team today to schedule an initial, free consultation.
Complications With Medical Treatment and Records
It is vital to wait until a person reaches maximum medical improvement before negotiating a settlement. This allows you to pursue your total compensation in one comprehensive package rather than in small, piecemeal bits that may fail to cover future complications.
While waiting for a full recovery ensures your settlement reflects the true scope of your losses, the tradeoff is that it will naturally prolong the entire claim process. For instance, if a victim of a car crash sustains serious injuries, they may not be able to calculate their total damages until they’ve received the full extent of required medical treatment, which may take several months or more.
Similarly, missing records or long gaps in between the initial accident and medical intervention can complicate a case and weaken evidence. Because of this, it’s vital to seek out a medical evaluation as soon as possible following a crash, even if your injuries appear minor. Internal injuries like organ bleeding or concussions can have delayed symptoms, and getting checked out by a doctor can ensure these injuries aren’t only documented but also treated. Minimizing the gap of time between the incident and treatment also allows you to build a stronger case that connects causation to damages.
Dealing With Multiple Involved Parties
Some car accident cases are straightforward, involving two drivers and a clear understanding of what occurred and who’s to blame. Unfortunately, this isn’t always the case. Collisions involving three or more drivers, pedestrians, or bicyclists can lead to greater speculation, multiple injured parties, and more property damage.
A case can be even more complex when third-party companies are involved, such as a commercial trucker’s employer or government entities. Keeping track of evidence, the timeline of events, and relevant statutes will likely become overwhelming, if you’re navigating the claim on your own. By hiring an experienced car crash lawyer, you can allow them to take on the legal intricacies of your case so that you can focus on healing and recovery.
Incomplete Documentation and a Lack of Evidence
The most important piece of a compelling claim is solid evidence. Without this, you won’t be able to prove the severity of your damages, which will impact your ability to secure fair compensation. A professional, trained attorney can use their skill set and connections to gather key evidence for your case, including medical documentation, witness and professional testimony, and police reports. Similarly, visual evidence, such as traffic surveillance footage, can document the events leading up to the accident, its impact, and the aftermath.
Evidence is essential in disproving allegations from insurers that attempt to minimize your claim. For example, insurance companies will often question the connection between the incident and your injuries. To combat this, a timely medical report can show that the accident was the clear cause of your injuries. One major advantage of partnering with an attorney is that they understand which forms of evidence will best support your claim and can collect this information on your behalf.
Dealing With Delays in Administrative or Internal Processing
In some personal injury cases, delays can be somewhat out of the plaintiff’s control. When settlement offers are insufficient or other complications arise, your legal team may recommend taking the case to court. However, lawsuits and litigation can extend the overall process due to delays with court procedures.
While some of these delays may be inevitable, an attorney can still work to streamline the case and reach a favorable solution. Meeting all filing deadlines, organizing a dense evidence claim, and following up on all requests from insurers and court officials can help maintain a productive timeline with minimal disruptions.
Investigations and Evidence Collection
Gathering evidence is a time-consuming, yet necessary step to securing compensation. Without a well-versed attorney, this process can be extremely challenging, especially if you aren’t able to access certain information.
Several forms of evidence may be required to support your claim, including the following:
- Photos and videos, such as footage from traffic, surveillance, and dashboard cameras
- Medical records and doctor testimony
- Witness statements
- Police and accident reports
- Accident reconstructionist testimony
- Text messages and phone records
Solid, compelling evidence is necessary to win a favorable damages award. Your lawyer will know how to use each type of evidence to create a convincing claim for your case. Reach out to Farah & Farah today to learn more.
Negotiations With Insurers
Insurance companies often prioritize their own profit and will aim to offer you the lowest settlement you might accept. It’s important to never accept the initial offer and always to speak with an attorney first.
However, negotiations can drag on, especially if the insurance company is trying to avoid paying fair damages that fully reflects your losses. Your attorney can handle communication with insurers and push back against unfair offers. These negotiations may become frustrating, but they will be worth it in the end if they help achieve a sufficient recovery.
Seeking Compensation for Large Settlements
As mentioned earlier, more complex cases typically take longer to settle. The same is true when large settlements are at stake. Claims seeking significant compensation for a long list of damages will require substantial proof of the extent of the losses and much more negotiation between insurers and your legal team.
These cases are also much more likely to end up in court, subject to drawn-out legal proceedings. However, the additional time required to seek a larger compensation award may be worth it in the end if it means coverage of high medical bills, out-of-pocket expenses, and other damages.
When There Are Disputes Over Liability
Many car accidents are cut-and-dry, involving a clearly at-fault driver and victim. This is the preferred outcome because it makes dealing with insurers and obtaining coverage for damages much easier. Unfortunately, collision claims don’t always pan out smoothly, and insurance companies may dispute liability. When you’re already dealing with medical bills and property damage, the last thing you need is an allegation that you are partially at fault for your injuries.
Florida’s modified comparative negligence statute governs how to apportion fault in personal injury cases. Under this, an injured party can recover damages only if they’re 50% or less at fault. If you are 51% or more at fault, you are completely barred from recovery. However, if you are less than 51% to blame, your compensation will be reduced proportionally.
Georgia also has a modified comparative negligence system for personal injury cases, under which an accident victim can only recover damages if they’re less than 50% at fault for the incident. However, their total recovery is reduced proportionally to their share of responsibility. For example, if the claimant is 20% at fault, they can recover 80% of their damages.
Because of these comparative negligence laws, insurance companies often try to shift blame, since even small changes in fault percentage can significantly affect, or even eliminate, the compensation available.
Common Tactics Insurance Companies Use
Insurance adjusters have substantial experience with strategies aimed at undermining and undervaluing claims. Some of the most common tactics include unjustified denials, delays, lowball offers, blame shifting, and administrative burdens. An insurer may delay the claims process, offer inadequate coverage, or deny your claim altogether without providing you with an acceptable reason.
Similarly, victims often get blindsided by allegations that they are partially to blame for their injuries. Insurance companies may also attempt to overwhelm you with complex paperwork and burdensome administrative processes to get you to seek a quicker resolution and settle for less than you deserve. A car wreck attorney based in Florida can help you identify and navigate these common tactics. At Farah & Farah, our compassionate legal team won’t settle unless you’re fully covered.
“We can anticipate what the insurance company is going to argue, and so we can prepare for that when we're meeting with our client or when we're gathering evidence at the beginning of the case. We’re looking at the case not through the lens or the eye of our client… but how an insurance company is going to look at the case. Ultimately, when we're trying to get a case settled for a client, we have to think about how the insurance company is going to evaluate the case.”
Steps To Take To Speed Up the Car Accident Claims Process
Many factors can affect the timeline of a personal injury case, extending or shortening it. As the victim of a car accident, you can take proactive steps to expedite the process and avoid potential roadblocks:
- File a police report and seek immediate medical intervention.
- Obtain insurance and contact information from other involved parties.
- Exchange contact information with eyewitnesses.
- Collect documentation and receipts related to injuries and property damage.
- Seek help from a lawyer.
We recommend partnering with a skilled, experienced attorney who understands Florida law, such as those at Farah & Farah. Having legal representation alone can put pressure on insurers and keep things moving.
Get the Help You Deserve With Your Car Accident Claim
When you’ve been injured in a car crash, navigating the claims process can feel overwhelming—especially while you’re trying to recover. That’s where Farah & Farah steps in. As proficient personal injury attorneys serving clients throughout Florida and Georgia, we can support you at every stage of your car accident claim.
Our team offers a free consultation to review your case and advise you on your best options, with no upfront cost. Don’t wait to protect your rights after a crash. Call us at (877) 245-6707 for a free case review and personalized support today.
