Discover three common hurdles encountered during personal injury cases.
When dealing with complicated personal injury cases, it can seem like the entire world is set against you. The process can be arduous, stressful, and loaded with obstacles. Many settlement negotiations stall, allowing the process to drag on for months (and even years!).
To help assist you in your time of need, we’ve gone ahead and flagged some of the most common obstacles encountered during a personal injury claim settlement, as well as strategies to help minimize or avoid them altogether.
Proving a Party Was at Fault for Your Injury
In most personal injury cases, there is disagreement over who is responsible, or at fault. Most people are unwilling to accept responsibility, so proving fault becomes a key part of the strategy. You’ll either need strong evidence to prove your case or a lawyer with fantastic negotiating skills. Preferably, you’ll have both.
Determining Personal Injury Complexity and Severity
In other words, how badly were you injured, and are you likely to suffer any short or long-term side effects. In cases where the injuries are complex, the settlement process can take an extended period. You’ll need to reach a point of medical stability, as well as have received a long-term prognosis.
Let’s take a head injury as an example. If you suffered any brain trauma, it could be difficult to remedy, and impossible to predict the future complications and side effects. This is precisely the reason it’s best to wait for a medical prognosis, and for your condition to reach a point of relative stability.
If you sign a settlement too early, the matter is considered closed. You’ll have no recourse to claim additional funds for unexpected complications, so it’s best to do things right the first time. Unfortunately, this can mean dragging the process out for an extended period…but it’s still in your best interest to do so, as opposed to rushing for a settlement.
Settling on a Final Dollar Amount for Your Personal Injury
Coming to terms on dollars owed is the last hurdle, and can sometimes seem like the biggest one. It’s in the best interest of insurance companies and adjusters to make you settle for the lowest amount possible. They are not on your side, and will not do anything to help or assist with improving your settlement.
On the other side of the coin, you need to ensure the settlement amount is enough to cover all medical expenses, loss of income, and any other debilitating after effects of your injury. The result is both parties are at odds, and the back-and-forth negotiations can add weeks to an already extended timeline. You’ll propose a figure and the rationale for it, and then they’ll counter with their own figure and supporting rationale.
Eventually, you will both arrive at mutually agreed upon number, and your settlement will be concluded. You’ll receive your final check, and hopefully, be done with the entire process.
In Need of a Personal Injury Consultation?
Do you have questions about personal injury cases? Click to contact Titus Law online.