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Why is my personal injury lawsuit dragging out?

Litigation is called the adversarial system for good reason. When a plaintiff files a civil lawsuit against a defendant (wrongdoer) to recover monetary compensation, that defendant and his / her defense attorney will do their very best to delay the process and deny liability so they can avoid paying or pay as little as possible.

Waiting for a personal injury lawsuit to settle can be emotionally and financially straining. Anyone who has ever been a party in litigation can attest to the fact that the settlement process is long and stressful. When civil lawsuits drag out, it can be years until you get the settlement money from your lawsuit.

During the litigation process, it's natural for plaintiffs to feel financial pressure and consider settling their injury claim early for a low-ball insurance settlement, just to get it over with. However, it's important that you get fair compensation, not just a quick one.

In this news article, we will address one of the top 5 most commonly asked personal injury questions from people with pending lawsuits: "Why is my personal injury lawsuit dragged out?"

What You Will Lean:

  • What is a personal injury lawsuit?
  • How are injury claims evaluated?
  • Why is my personal injury lawsuit taking so long to settle?
  • Is financial assistance available to plaintiffs after a traumatic injury?

 

Personal Injury Lawsuit Defined

A personal injury lawsuit is a civil claim filed in a court of law by an injury victim or his / her representative to recover monetary compensation.

A plaintiff (injured victim) starts a lawsuit by drafting a legal complaint and serving a summons on the defendant (responsible party) to appear and answer the complaint in court where the lawsuit is filed.

The most common types of personal injury lawsuits stem from of motor vehicle collisions, medical malpractice, premises liability (slip and fall, etc.), wrongful death, and product liability.

Personal injury claims arise when a third party breaches a duty owed to another party and that breach of duty results in injury and damages.

For a clearer understanding of this concept, let's take a look at a typical auto accident to better understand when a claimant may have a meritorious personal injury claim.

Example:

Tom is driving his Honda Civic® on Smith Street. As he slows down in preparation of stopping at a red traffic light, a vehicle directly behind him that's being operated by Roger fails to slows down and ends up hitting Tom's automobile in the rear. The rear-end accident results in Tom sustaining significant damage to his rear bumper and trunk. Tom also suffered serious injuries to his lower back and right knee.

Analysis:

According to vehicle and traffic law, Roger had a duty to maintain control of his vehicle and operate said vehicle in a safe and reasonable manner. He also had a duty to keep a safe traveling distance and operate his motor vehicle at a reasonable speed. Rogers breach his duty to another motorist when he operated his vehicle in careless and negligent manner. That breach resulted in the collision that caused Tom to sustain serious injury and permanent injuries.

As a result of Roger's negligence, Tom has a valid bodily injury claim against Roger.

 

Evaluating Personal Injury Claims

For the most part, bodily injury claims should be handled by admitted injury lawyers, who is authorized to practice in the state where the case is venued.

Although an injured accident victim can pursue a claim without hiring an attorney, that may not be the best approach. This is because settling a personal injury case is not always as straightforward as it may appear.

While a simple negligence case involving minor injuries can be handled without retaining legal counsel, complex liability cases and serious injury cases should be pursued by an admitted trial lawyer.

If you decide to represent yourself, you should be aware of any and all time limitations, negligence laws, insurance claim regulations, and damages evaluation.

If you got hurt because of the negligence or carelessness of another person or business, you may be entitled to receive damages from that person or their insurance company.

Damages refers to out of pocket medical expenses and loss of earnings (special damages) and pain and suffering (general damages).

Evaluating personal injury claims require reviewing and analyzing the documents and reports. This would include:

  1. Liability: Liability plays a significant role in evaluating personal injury claims. Determining liability resolves the questions: "How did the accident occur?" and "who is at fault for the injury? When available, the police report or incident report, witness statement, and expert report should be reviewed. The circumstances surrounding how the accident took place and who the responsible party(s) is will determine whether you are barred from recovery, if liability will be apportioned, and whether the defendant is clearly and wholly liability for causing the accident.
  2. Diagnosed injury: The diagnosis by your treating physician is another key factor in evaluating bodily injury cases for possible pre-trial settlement. Serious injuries typically have higher values. Thus, a plaintiff with a diagnosis of herniated discs with an annular tear is more significant than a diagnosis of a strain and sprain soft tissue injury.
  3. Medical treatment: The intensity and frequency of the medical treatment you received is crucial to how the defendant and insurance company will respond to your lawsuit. Generally, a plaintiff who received medical treatment for a longer period of time and underwent invasive treatment such as a surgical procedure or multiple epidural steroid injections, will warrant a larger settlement.
  4. Insurance: When a bodily injury claim is resolve through settlement, the claimant will receive compensation from the defendant directly, his / her insurance company or a combination of the two, if there was a self-insured retainer or liability deductible. Liability insurance policies have a "policy limit." The policy limit is the most or maximum money an insurance policy will payout to an injury party.
  5. Out of pocket expenses: Plaintiffs may be entitled to special damages such as medical bills, loss wages, and actual out of pocket pharmacy expenses.

 

Lawsuit Dragged Out: Why your personal injury case is still unsettled

The most prevalent questions plaintiffs pose during the pre-settlement phase is "How long will my case take" and "Why is my attorney taking so long to settle."

Most claimants assume their lawyers are dragging their feet. While this is certain true in some cases, in the vast majority of situations, an accident claim dragging is the result of the insurance claims adjuster low-balling the value of the case

Insurance law expert Jay M. Feinman writes in his book Delay, Deny, Defend, that the "insurer's main objective is not to protect you; in fact, insurers often try to avoid paying justified claims. Today the name of the game is delay, deny, defend: to improve their profits, insurance companies delay payment of justified claims, deny payment altogether, and defend their actions by forcing claimants to enter litigation."

Yes, while it's true that there are justifiable reasons for delaying and denying claims, there are far too many systematic instances of insurance companies dragging their feet on paying legitimate personal injury claims.

Insurance companies benefit financially by lawsuit dragging:

  • The delay gives the insurance carrier the benefit of the money for a longer period of time. This allows them to benefit from holding onto the money for a little longer and earning interest or invest the money in the marketplace or real estate acquisition.
  • When claims aren’t settled by fast low-ball tactics but instead are drawn out, that can benefit the claims examiner. Plaintiffs likely may face increasing pressure to resolve a claim in order to pay bills, while the insurance company can afford to wait and haggle.

Will My Lawsuit Settlement Any Time Soon?

Until a case is settled and a general release has been signed and executed, there is no definitive answer as to how long it will take until you get your lawsuit settlement money.

Accident victims are hurting and experiencing significant financial hardships while insurance companies are dragging their feet. Catastrophic injuries often result in victims being unable to return to work or placed on light duty. Not being able to generate an income sufficient to pay your bills and take care of your obligations can be upsetting and demoralizing.

As a national lawsuit funding company, we've seen what a lawsuit dragging on can do to a plaintiff having money problems. It's not uncommon for injury victims to fall behind on their rent, auto loan payments, child care obligation, and mortgage.

However, you should know that your injury claim can resolve at any point. Lawsuit are often resolved at the following stages:

  • Negotiation during the pre-litigation phase through and settlement discussions between your injury lawyer and the insurance claims adjuster.
  • Immediately after filing a complaint and serving notice on the defendant.
  • During litigation after depositions have concluded.
  • After the plaintiff have gone through a liability IME (independent medical examination)
  • After getting a trial date.
  • During a court mandated mediation hearing.
  • After discovery has concluded and it's time for your attorney to pick at jury.
  • At any point during the civil trial.

 

Pre Settlement Lawsuit Funding: Financial assistance for personal injury plaintiffs

Red Fox Lawsuit Funding is a professional lawsuit funding company committed to helping injured accident victims and personal injury lawsuit plaintiffs who find themselves falling behind on their bills, expenses, and obligation.

We provide risk-free lawsuit cash advances, lawsuit loans, and pre-settlement funding, no credit check required.

Our legal funding products has saved thousands of claimants from low-ball insurance settlements, eviction, damaged credit, vehicle repossession, phone service disconnection, harassing calls from bill collectors, utility shut-off, and foreclosure proceedings.

Pre settlement lawsuit funding is fast and easy way for plaintiffs to borrow money from a lawsuit:

  • Next Day lawsuit advance
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  • No Out-of-Pocket Fees
  • No Job requirements
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  • No Monthly payments, ever!
  • No Charge for applying
  • No Risk to plaintiffs - If you lose your case or don't see, you owe nothing!

What working with Red Fox Lawsuit Funding means for you is faster processing, easier approval, lower lawsuit funding interest rates, and professional client service.

Our lawsuit funding underwriters have successfully reviewed, evaluated, and approved cash advances for all types of injury claims.

Here's a short list of cases we can fund:

Our lawsuit funding underwriters are ready to review your funding application. As soon as we get your online application, we'll immediately reach out to your personal injury lawyer to gather some additional information about your case.

To get started now, take 3 minutes to fill out the online funding application on this page.

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Lawsuit Funding Nationwide

Civil Injury Lawsuit Dragging On

Red Fox Funding is one of the nation's best lawsuit funding companies for plaintiffs who require lawsuit funding fast with the best funding terms available. We provide financial assistance to injury victims in the form settlement funding and accident loans. Plaintiff funding is designed for injury victims who are struggling financially and need help paying their bills, living expenses, and other financial obligations.

We offer lawsuit cash advances to claimants in more than 40 states nationwide. Here are just a few of the many locations where we advance lawsuit funding:

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