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Motor Vehicle Accident

5 Reasons for Delays in Settling Car Crash Claims in Louisiana

By July 10, 2024No Comments

If you’re facing medical bills or seeking compensation after a car crash for pain and suffering or, worse, wrongful death, receiving an accident settlement is a crucial step in your recovery process. But why is there often a delay in getting these settlements?

At Pierce & Shows, we understand the impact that accidents—and the settlements that follow—can have. In this blog, our personal injury attorneys explain why car accident settlements in Louisiana might often take longer than anticipated and how you can safeguard your rights throughout this process.

Why Is Your Louisiana Car Crash Settlement Taking So Long?

If you’re wondering why it’s taking a while to settle your car crash claim, you’re not alone. Many people find themselves in similar situations, unsure of what steps they need to take in their case. 

According to a survey by Martindale-Nolo, which covered the years 2015 to 2020, most car accident claims in the U.S. are resolved relatively quickly. The findings revealed that over half of the participants (56%) settled their personal injury claims within six months following their accident. On average, it took about 10.7 months to receive a settlement from a car accident.

Understanding the reasons for potential delays in settling your car crash claim can help you prepare and navigate the process more effectively. Here are five main reasons why it might take some time:

1. The Complexity of the Case

Each car crash is unique, introducing complexities that directly impact the duration of the settlement process.

  • Serious Injuries: Significant injuries necessitate a careful assessment of medical costs and recovery times.
  • Disagreement Over Facts: Conflicting accounts from the parties involved can delay consensus on what happened.
  • Multiple Parties: Multiple vehicles or parties involved increase the complexity of reconciling different claims and stories.

2. Negotiation Processes

The negotiation phase for the different types of compensation often involves intricate discussions that can significantly extend the settlement timeline.

  • Determining Fair Compensation: Reaching an agreement on a fair compensation amount can be time-consuming.
  • Insurance Company Tactics: Insurers may deliberately ask questions and slow negotiations to pressure you into settling for less.
  • Policy Limits: Insufficient policy limits can lead to extended discussions on how to distribute available funds fairly.

3. Administrative Procedures

Settling a car crash claim involves various administrative tasks, each adding time to the overall process.

  • Gathering Documentation: Acquiring all relevant documentation is crucial but often time-consuming.
  • Insurance Processes: Insurers’ internal processes for claim review can be slow, especially under heavy workloads.
  • Legal Deadlines: Legal protocols and deadlines are necessary for accuracy but can prolong the process.

4. Legal Challenges

Legal hurdles and disputes can introduce significant delays in finalizing a settlement.

  • Disputes Over Liability: Establishing liability often involves complex legal arguments that can extend the timeline.
  • Complex Legal Issues: Navigating issues like contributory negligence or uninsured motorists adds legal complexity and time.

5. Medical Recovery Uncertainty

The unpredictable nature of medical recovery, especially for severe ones such as spinal cord injury recovery, plays a crucial role in determining the right time to settle.

  • Ongoing Treatment: If medical treatment is ongoing, it’s wise to wait until the recovery path is clearer.
  • Long-Term Impacts: The full extent of injuries may take time to manifest, necessitating a delayed settlement to ensure all future medical needs are considered.

After understanding these five main reasons, it becomes clear that settling a car crash claim involves navigating a series of complex steps, each with its own challenges and time requirements. Working with a knowledgeable car accident lawyer can significantly streamline this process.

Tips for Navigating the Settlement Process

Knowing why your car crash claim might take time can be frustrating, but there are things you can do to help things go as smoothly as possible, such as the following:

  1. ay Organized: Keep all your documents and records related to the crash in one place. This makes it easier to provide whatever information is needed quickly.
  2. Be Patient: Understand that these processes are in place to ensure you’re fairly compensated. Being patient can be tough, but it’s important.
  3. Communicate Clearly: Whether you’re talking to your lawyer to maximize the compensation you could get, the insurance company, or anyone else involved in your claim, clear communication can prevent delays.
  4. Consider Working with an Experienced Car Accident Attorney: Sometimes, having a professional on your side can make a big difference. They can guide you through the process and advocate for your needs. If you have questions about the settlement process or the value of your claim, consult a lawyer before accepting any offer.

Our team at Pierce & Shows can help you effectively manage negotiations, handle the necessary paperwork, and guide you through any legal challenges that may arise. We have decades of experience helping people throughout Louisiana through these types of cases, and we can offer valuable advice on how to document and advocate for appropriate compensation based on your specific circumstances.

Louisiana's Statute of Limitations for Car Accident Cases

In Louisiana, you have a one-year deadline to file a lawsuit for injuries from a car accident, as per CC Art. 3492. This time limit is crucial because if you don’t file within one year of the accident, you lose the right to claim damages. These damages include:

  • Medical expenses
  • Lost wages
  • Other losses resulting from the accident

To ensure you meet this deadline and strengthen your case, it’s advisable to contact our personal injury lawyers in Baton Rouge promptly after your car accident. Quick action allows us to gather fresh evidence, which is essential as physical evidence can deteriorate and witnesses’ memories may fade over time. 

Working with our experienced lawyers increases your chance of filing a successful claim within the required timeframe.

Contact Our Car Accident Lawyers at Pierce & Shows Today!

Settling a car crash claim can be a lengthy process, but knowing why can help you prepare and navigate the process more effectively. 

Remember, the goal is to ensure you’re fairly compensated for your losses. Being informed, staying organized, and seeking the right advice can help you achieve the best possible outcome.

Contact our team and get your questions answered. Schedule a free, no-obligation initial consultation with us today!

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