Why Is My Car Accident Settlement Taking So Long?

The Severity of Your Injuries and MMI (Maximum Medical Improvement) 

The extent and severity of your injuries will impact how long a car accident settlement takes.  This is directly related to the time required to reach MMI. MMI is to the extent you will recover from your car crash injuries. You never want to settle until you fully understand the impacts those injuries could have on your livelihood and the ability to care for yourself.  

For example, if you need multiple surgeries, physical and occupational therapy, or have a permanent disability that will never heal, it is best to wait until MMI is reached to secure maximum compensation.  

The Insurance Adjuster Is Disputing Liability 

One common insurance tactic to delay and reduce your settlement is to dispute liability. They may attempt to say you were partially at fault for the accident. Without an attorney on your side, they could even ask you leading questions and trick you into admitting fault. When they do, they can reduce your settlement by the percentage you admitted to being at fault under Colorado’s comparative negligence system.  

The Insurance Company Is Disputing the Extent of Your Injuries 

Another insurance tactic is to dispute the severity of your injuries. They might claim specific treatments or procedures are not necessary. They may downplay the seriousness of your injuries and the amount of time needed to reach MMI. Relying on your medical records and expert testimony can help strengthen your claim and prevent this from occurring. 

Scheduling Conflicts 

There are many moving parts and people associated with settling a car crash injury claim. It takes time to get with everyone involved to navigate through each of the steps needed to settle your claim, including: 

• Insurance adjusters 
• Medical professionals 
• Witnesses 
• Responding police officers and EMTs 
• Court personnel 
• Professional experts 
• Accident reconstructionists 

The Complexity of Your Case

Another factor that influences how long it takes to reach a settlement is the complexity of the case. If there were multiple vehicles involved in the crash, liable third-parties, disputes, or extensive injuries or wrongful death, it will take longer to resolve your case. Additionally, cases that require expert testimony, accident reconstruction, or multiple witnesses to testify can increase the time needed to settle.

The Overall Legal Processes 

It takes time to gather evidence, obtain sworn witness statements, and prepare and file all the necessary paperwork. It is also vital to ensure you build a strong case to establish negligence, avoid disputed liability, and other potential delays.

Even after your car accident attorney in Colorado has drafted and sent the demand letter to the insurance company and filed all legal documents with the court, the defendant is given time to respond to your complaint. 

How they respond will determine if they are willing to settle. If they refuse to settle, then other legal processes occur, including: 

• Filing legal documents to take the case to trial. 
• Undergoing the discovery phase. 
• Attempting to use mediation and arbitration to reach a settlement. 
• Going to trial and litigating the case in front of a judge and jury. 

If your case has to go to trial, it will add to the overall timeline. However, it is worth noting that the majority of car crash injury claims are settled out of court. So, even if a lawsuit has to be filed, it could be the catalyst needed to get the insurance company to agree to the compensation you deserve.

Settlement Negotiation Process 

Once the demand letter has been sent to the insurance company, they will rarely accept that amount and offer to settle immediately. Instead, they will respond with a counteroffer, usually the lowest possible amount. Now, your lawyer has to go back and forth negotiating with the insurance adjuster and the insurance company’s legal team to reach a favorable settlement, which can take months or longer.

The Value of Your Injury Claim 

The time needed to reach a settlement is often related to the value of your claim. The more your case is worth, the longer it can take to settle. Insurance companies are going to demand extensive evidence that supports the value of your claim. They will fight much harder to dispute the extent of your injuries and be resistant to reaching a favorable settlement. It is vital to remember that insurance companies are for-profit businesses and do not like paying out huge settlements that could affect their bottom line.

Catastrophic injury and wrongful death car accident settlement amounts are some of the highest-value injury claims. You need to be prepared for a longer settlement period, sometimes a few years. However, do not let this delay stop you from obtaining the compensation you deserve.

How You Can Potentially Reduce the Time Needed To Settle 

While you have no control over the legal aspects of filing a car crash injury claim in Colorado, there are some things you can do that could reduce the amount of time needed to resolve your case, including: 

• Get help from an experienced car accident attorney to avoid low-ball settlement offers, insurance tactics to reduce or deny your claim, and intentional delays. 
• Follow all medical advice and treatment plans provided by your healthcare providers. 
• Maintain detailed records and documentation of everything related to your accident, including accident reports, medical records, lost wages, and any communications with the insurance company.
• Do not post about the accident or discuss it on social media. Insurance companies will use anything you post against you to reduce your settlement and delay payment.

How Bachus & Schanker Can Help

At Bachus & Schanker, we understand it can be frustrating to have to wait to receive your car crash settlement. However, as Colorado’s top personal injury law firm and the only one with a Victim’s Advocate team for added support for catastrophic and wrongful death claims, we aggressively advocate for our clients to secure maximum compensation, while providing the support and guidance they need to get through this challenging time. Our car accident attorneys also have actual trial experience with favorable outcomes.

At Bachus & Schanker, we: 

• Offer free case evaluations. 
• Take cases on a contingency basis. 
• Conduct thorough investigations. 
• Gather the evidence needed to build a strong case. 
• Handle all settlement negotiations. 
• Will go to trial, if needed. 
• Ensure you receive the compensation you deserve. 

It can take some time to reach a suitable car crash settlement in Colorado. However, our experienced lawyers will help eliminate any unnecessary delays. Schedule your free case evaluation now to find out your legal options and the value of your injury claim.

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