Recovering from a personal injury is a slow and tedious process, made even more so by the fact that it is not just time that is running out—it is your money, too. You filed a personal injury claim to help you recuperate the funds you need, but that process too seems to be stuck in slow-mo. You thought that your case would be open and shut, but now it has been months, or even a year, and you have still yet to receive a verdict. What is taking so long?
One thing that most people will not tell you about personal injury claims is that they do take quite a bit of time to settle. Our goal at Capital Financing is to make the pre-settlement process as easy as possible. While part of doing that involves funding injured parties with the structured settlements they need to cover the cost of living and medical expenses in the interim, another part involves advising them of what to expect from the settlement process in general.
Whether it seems like your settlement is taking forever to resolve or if you just want to know what to expect from the process, this article should help you to better understand what goes into the settlement process.
While personal injury law varies from state to state, every state has certain deadlines that plaintiffs and defendants must meet in order to pursue certain actions. The first deadline is for filing, which often has an outside deadline of two to four years. These deadlines are often in place to help the defendant prepare his or her case.
Despite the fact that you may need funds TODAY, your attorney does not want to settle until he or she is clear about what the damages actually are. Damages may include but are not limited to injuries, the cost of medical care, lost wages, and the permanent effects of the injury on your life. If you settle too soon, you risk settling for far less than you need to cover the cost of expenses. However, once you settle, there is no going back for more money. For this reason, any experienced attorney will encourage you to not settle until you have reached the point of maximum medical improvement, or MMI, which could take years.
In some cases, the defendant knows that he or she is guilty, and the only question his or her attorney has is how much you should be paid. In other instances, however, the defendant swears up and down that he or she is free of fault. Whatever the case, if the defendant is playing hardball in negotiations, it could significantly delay your settlement.
Most personal injury cases settle out of court, but every once in a while, one goes to trial. Trial is a whole other process in and of itself, and if your case does go to court, you may find yourself back at square one. Once your attorney files a motion for a lawsuit, it can be another two years before you actually get a trial date, especially in areas in which the legal system is already overburdened. It is also not uncommon for scheduling conflicts to occur, which could set back your court date by weeks, months, or even additional years. For this reason, both yours and the defendant’s attorneys will do their best to resolve the dispute in settlement negotiations, mediation, and arbitration if necessary.
Settlement Advance Loans for When Your Claim is Not Settling Quickly Enough
There are several valid reasons for why your personal injury claim is taking so long to settle, but valid or not, the fact remains that you need cash today. Capital Financing specializes in pre-settlement loans for accident victims. Our processes are refined to the point where, if necessary, we can even offer same-day approval and funding. If you were injured in a car, truck, or other type of accident, and if your claim is taking longer than expected to settle, reach out to Capital Financing to discuss your legal funding options today.