Why Is My Personal Injury Claim Taking So Long?

If you are asking this question, there’s a good chance you have not spoken to a personal injury attorney.

The law in Texas is very clear about how long an insurance company should take to settle.  They have 35 business days from the receipt of the claim to review and pay the claim.  If you went and turned in a claim without legal support, and it’s past 35 business days with no resolution or communication from the insurer, there could be a problem. 

First, it’s important to know there are typical reasons for an insurance company to exceed the mandated 35 days.  There may be some confusion over who is actually “at fault” for the car crash.  Depending on the evidence and type of auto accident, several parties could be to blame.  Maybe all the parties involved are arguing the facts.  Sometimes, car crash investigations get tricky.

There is also the extent of the injuries from the accident to consider.  Medical treatment and recovery can take a lengthy time and delay the claim settlement.  Especially when treatment involves multiple surgeries and rehabilitation.

A high caseload can also impact the expediency of a personal injury claim.  Some insurance carriers just don’t have enough claims adjustors on staff to handle the workload.  And if third parties are involved in the case, like government agencies and multiple insurers, this can create more time-consuming red tape. 

But if you’ve been in a car crash in the Rio Grande Valley, none of this should be your problem to solve.  Our Brownsville, Texas, law firm will manage the complexities of a car accident and get that claim settled as fast as we can!

Don’t settle for less to close a claim; contact an attorney who fights for you

Make no mistake, insurance companies want to settle quickly and for as little as possible.  But stalling tactics could come into play if the claimant pushes back, expecting to be paid for what they deserve (https://www.findlaw.com/consumer/insurance/insurance-company-bad-faith-tactics-and-examples.html).  Yes, Texas law states insurers must settle a claim within 35 business days.  If the adjustor senses the claimant is willing to settle for less to close the case quickly and get a check, this could be used to their advantage.  Tactics like not returning phone calls and disputing liability are a few.  This is why it’s best to contact a Brownsville, Texas, accident attorney to haggle with the insurance adjuster.  We know how the game is played and fight for total compensation.

If the problems are not resolved, we can file a personal injury lawsuit.  If you go this route, remember that Texas has set the statute of limitations to two years from the date of the accident.  After the lawsuit is filed, the settlement can take one to three years. Personal Injury Lawsuits in Texas almost always end in settlements.  The U.S. Department of Justice notes that only 4% – 5% of personal injury cases go to trial (nationwide data). 

We know the bills from an accident can be a financial burden for our clients, so we resolve the case as quickly as possible.  Every car accident is different, however.  And if there are several parties involved, disputes can get nasty.  But this is what we do.  Our Brownsville legal team has dealt with complicated personal injury cases.  We know what must be done and how to get a fair settlement.

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