Why Is My Car Accident Settlement Taking So Long?

A combination of the nature of the process and insurance company delay tactics usually means that car accident cases do not settle overnight. During coronavirus lockdowns, most civil courts basically closed. After lockdowns ended, most courts didn’t add staff to deal with backlogs, so those backlogs got worse. Insurance companies love these delays. The longer settlement funds sit in their bank accounts, the more interest they earn.

Although TV commercials imply otherwise, the insurance company is not “on your side” after a car crash or other personal injury. The government bureaucrats that run the court system likewise care little or nothing about the rights of victims. A Carlsbad personal injury lawyer, on the other hand, works hard to uphold the legal and financial rights all victims have. The hard work pays off, in the courtroom and in the negotiating room.

The Litigation Process

Judge Judy, Judge Joe Brown, and their ilk often resolve petty disputes in the blink of an eye. But serious personal injuries are different. Tens of thousands of dollars are at stake in these matters, to say nothing of a family’s future.

So, the litigation process takes time, and unfortunately in many cases, the litigation process in California takes lots of time.

Furthermore, every phase of the personal injury litigation process is usually necessary. Discovery is a good example.

During this information exchange process, which is court supervised, both sides must put all their cards face up on the table. If Tim Tortfeasor had been drinking at a bar prior to the wreck, a Carlsbad personal injury lawyer must obtain bank records and other documents during discovery to prove that fact in court. If insurance company lawyers play hide the ball, they must deal with judges who will most likely be very displeased.

Many cases don’t go through the entire litigation process, as insurance companies regularly make early settlement offers. A lawyer must determine if it’s better to take the offer and end the process early or hold out for a better settlement later.

Insurance Company Delays

Alexander Pope once said that “Justice delayed is justice denied.” He may have been right, but insurance company lawyers care little or nothing about justice. So, as far as they’re concerned, the more delay, the better.

This delay often involves legal roadblocks, such as motions to dismiss and other procedural motions. If the judge grants these motions, the judge could throw the case out of court. So, attorneys must thoroughly prepare cases before they go to court.

As a result, pretrial motions almost always fail. But they do usually add several weeks or months to the litigation process, which is the real reason insurance company lawyers file them.

We mentioned informal settlement negotiations above. These offers are usually not only low-ball offers. They’re also “take it or leave it” offers that allow no room for true negotiation.

Mediation, a court-supervised negotiation session, addresses these issues. During mediation, each side has a duty to negotiate in good faith. A low-ball offer accompanied by an “I’ll see you in court” threat is not a good faith negotiating position. But mediation occurs somewhat late in the litigation process, usually after discovery. So, insurance company “offers” delay a case, which is what the company wanted all along.

Connect With a Hard-Working San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. For us, no case is too big and no case is too small.

Source:

stateline.org/2024/01/25/shortage-of-prosecutors-judges-leads-to-widespread-court-backlogs/