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Why is your lawyer taking so long to settle your Rhode Island case? They may be gathering evidence, waiting for you to reach maximum medical improvement (MMI), be engaged in intensive negotiations with insurance companies, or be subject to litigation schedules they cannot control.
Complex cases often take months or years to settle, and pushing for a quick result may mean you receive a far lower settlement. Your Rhode Island personal injury lawyer should keep you informed of their progress, any delays, and what you should expect next.
Why Evidence-Gathering is Essential, but May Lead to Delays
Your lawyer may gather evidence about the accident, and when liability is disputed, they may need to consult various experts whose analysis takes time to complete. Additionally, they must gather extensive evidence to support the value of your claim.
Investigating the causes of an accident, securing evidence, and completing an analysis of your damages is sometimes a lengthy process. Your lawyer seeks to justify why they believe parties are liable and substantiate your damages. Although gathering evidence may take time, it may help your lawyer build a strong case, limiting disputes and saving time later on.
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Why Your Lawyer May Be Waiting for You to Reach Maximum Medical Improvement
When calculating the possible value of a settlement, your lawyer considers long-term impacts. Serious injuries may affect your life for years to come. If doctors believe your condition may still improve, they may not be able to provide an accurate picture of your future medical costs and how your injuries may affect your day-to-day life in years to come.
Maximum medical improvement (MMI) is the point at which medical experts believe that further treatment will not result in further improvement. At this point, it may be possible to determine recovery times and whether your injuries may lead to permanent impairment.
Your lawyer will then be able to calculate what your future medical costs may still be, and how your injuries will affect your work and personal life. Meanwhile, your lawyer may be preparing other aspects of your case. Once you reach MMI, they may be able to move ahead with your claim.
How Insurance Companies May Influence How Long Your Lawyer Takes to Settle Your Rhode Island Case
Rhode Island’s Unfair Property/Casualty Claims Settlement Practices, 230 R.I. Code R. 20-40-2, require insurance companies to abide by certain deadlines. However, compliance does not necessarily mean a claim will be resolved quickly, particularly when liability or damages are disputed.
Disputes Over Liability
Parties often dispute liability in accident cases. Under R.I. Gen. Laws § 9-20-4, your own negligence generally does not automatically bar recovery in a personal injury case. Instead, any damages awarded may be reduced in proportion to your share of fault.
Your lawyer may not simply accept an insurance company’s opinion on fault. For example, an insurance company may say you were 60% at fault when your lawyer believes that evidence shows you were only 40% at fault. That difference may represent a substantial sum of money, and your lawyer may believe that further negotiation may improve outcomes.
The involvement of several parties may also complicate negotiations. For example, if you consider who is liable for a truck accident, several defendants may be implicated at once. Each of their insurance companies is motivated to debate their degree of fault, and your attorney may be involved in negotiations with several insurance companies at once.
Disputes Over Damages
Disputes over damages may be part of the reason why your lawyer is taking so long to settle your Rhode Island case. Your attorney may present a claim after calculating your financial and non-financial damages. However, insurance companies may not initially accept their valuation of your claim.
Depending on the situation, insurance companies may dispute your eligibility for certain types of damages or the value of those damages. For example, an insurance company may assert you aren’t as seriously injured as your lawyer claims, or dispute subjective damages like pain and suffering.
Lengthy negotiations may follow, with each party asserting a position and working to overcome the other party’s objections. Evidence will be very important, as each party must show why they are adopting a specific stance. If negotiations reach a deadlock, parties may present their evidence to a court.
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Litigation May Extend How Long It Takes Your Lawyer to Settle Your Rhode Island Case
If your attorney believes that final settlement offers fall far short of the compensation they believe you deserve, they may recommend taking your case to court for a verdict. While a verdict may ultimately benefit you, waiting for a court date may mean you face a longer wait for your case to be finalized.
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Your Lawyer May Advise You While You Await the Outcome of a Pending Claim
Apart from wanting closure, you may feel financially stressed while you wait for a settlement, prompting you to ask why your lawyer is taking so long to settle your Rhode Island case. Some plaintiffs settle their cases early for this reason, even though their lawyers may feel that they deserve more than what insurance companies are offering.
Accepting an inadequate settlement may be short-sighted, especially if you were seriously injured. At-fault parties should be the ones who pay for medical bills after a car accident. You may recover these costs and possibly more if you are patient. If you are struggling financially, your attorney may know of medical providers who are willing to delay collection until a claim is resolved.
You may have other concerns, such as running out of money while you are still unable to work. If you are experiencing financial hardship, you may wish to discuss available options with your attorney. Some plaintiffs explore loan options pending a hoped-for settlement, but the costs and terms vary and should be reviewed carefully.
Our Law Firm Keeps You Up to Date and is Always Willing to Answer Your Questions
At Gemma Law, we understand the frustration that leads you to wonder why your lawyer is taking so long to settle your Rhode Island accident case. That’s why our lawyers work to keep you informed and let you know what to expect throughout your accident case. If you have any questions, we are available to answer them.
If you have unaddressed concerns about the status of your case or feel that your attorney is not communicating or handling your case well, another attorney may be willing to offer a second opinion.
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