Your Personal Injury Lawsuit May Take a Long Time to Settle
Your attorney will tell you that your personal injury lawsuit may take a long time to settle. While some settlements are concluded and paid by the insurance company without conflicts or prolonged negotiations, others can drag on during a lengthy process of research, analysis, and ongoing discussions. Even when your attorney has successfully reached a settlement, payment can be delayed. A defendant may “do whatever he can to drag out the case … try to bury you in paperwork, reschedule court dates or schedule multiple motions,” says one legal commentator.
Still, we’re not talking about a delay like the fictional case of “Jarndyce vs. Jarndyce,” the lawsuit lasting for nearly a lifetime that is an ironic plot focus of Charles Dickens’ novel Bleak House. “ A two-week delay is not uncommon, and even three weeks might be acceptable, especially if there’s a legitimate reason,” according to injuryclaimcoach.com. “If it takes longer than three weeks to receive your settlement check, however, that starts to border on an unreasonable delay.”
A reasonable delay might be caused by the claim adjuster’s absence or illness, or some misdirected paperwork, a technical issue, or a department overwhelmed by claims due to a natural disaster or other large-scale event. If more than a month goes by with no check in the mailbox, you or your attorney can file a complaint with the Texas Dept. of insurance (TDI), which promises, “We can help with complaints against the insurance companies, agents, and adjusters we regulate.
If you suspect that the delay is unjustified and unfair, or if the insurance company refuses to send a check, you may have grounds for a bad faith lawsuit. According to the TDI, “If you’re still not happy with the outcome of your claim and you want to sue your insurance company,” you will need to engage the help of your attorney. It may take a while! But your attorney will help you see the problem through to a satisfactory solution: payment in full of your settlement agreement.
At Hudson Law Firm, we put PERSONAL back into Personal Injury Law. For an injury claim evaluation, call us at (972) 360-9898, or visit our website to chat with an associate. We understand and care about your injury, and look forward to helping you with your accident claim.