The personal injury attorneys at Bertoldo, Baker, Carter & Smith in Las Vegas, Nevada attempt to supply our clients with realistic timelines regarding their claims and lawsuits, so there are no surprises about the length of time it takes to recover financially.
While our Clark County lawyers work tirelessly to expedite our clients’ cases to produce results, no one can say for certain exactly how long it will take to finalize the claim. Each personal injury case is unique, and pursuing the best outcome available for each client can take time.
It is important for all personal injury victims and their families to understand that even with a legal timeline in place, there may still be delays to financial recovery.
The Liability Is in Dispute
In a traffic collision claim, the person or party who is liable for the incident is considered the at-fault party who was negligent in their operation of a vehicle. This can include texting while driving, drunk driving, or even running a stop sign or traffic light.
When liability is in dispute, it could stem from evidence that suggests the negligent party was not at fault or was not the only person at fault. When this happens, a full investigation into the collision must be completed before the insurance company will negotiate a claim.
This can include partnering with experts who can help strengthen our case, including:
- Collision reconstruction professionals
- Law enforcement officials
- Traffic specialists
- Crash evidence analysts
Investigations to determine who was at fault can take time and may delay settlement negotiations or jury trials.
The Extent of the Damages Is in Dispute
The damages, or extent of the individual’s injuries that occurred during the traffic collision, are often in dispute, which may require litigation instead of mediation. This means we would take your case to court instead of accepting any lesser amount offered by the insurance company that would not cover your complete medical needs, lost wages, and total expenses.
Depending on the severity of the injuries, say a broken arm versus a neck or spinal injury, a muscle strain may theoretically be settled before the latter more serious injury cases. However, all personal injuries are evaluated case by case, before a legal plan is established, no matter what type of damages have occurred.
The Delays Are Commonly Caused by Resistance From the Insurance Company
Last month we wrote about the common delay tactics insurance companies use to avoid paying injury victims, which is typically where mediation settlements begin to break down. The insurance company’s refusal to pay what our clients deserve will require our law firm to turn to courtroom litigation to ensure our clients receive the financial outcome necessary to fully heal.
In most cases, the insurance companies delay claims because they want the injured party to take a reduced settlement that will be paid faster than an appropriate settlement.
What Is the Difference Between Mediation, Arbitration, and Litigation?
Mediation is the process of resolving your personal injury claim outside of a courtroom, in front of a neutral party. The goal is to continue the negotiations to reach an agreement in a timely manner.
Arbitration is similar to mediation, with the exception that the neutral party hears the evidence and rules on the personal injury settlement.
Litigation is the process of taking your personal injury lawsuit to court when the other recovery options were unable to produce results.
How Long Should I Wait Before I Settle My Personal Injury Case?
Each personal injury case is unique and requires a different legal approach to reach the customized financial recovery necessary to cover the damages caused by the negligent party. Depending on your injuries, and the type of recovery process used to seek financial results, all cases are calculated using their own timeline.
If you have questions about your personal injuries, and how long it will take to pursue recovery, contact one of our accomplished Bertoldo, Baker, Carter & Smith attorneys at (702) 505-8115 to learn how we can negotiate the best outcome available for your claim.