What to do in case of a delay in payment for personal injury?


There are many types of accidents in which a person can be hurt or injured.  Many of these personal injury cases can end in some type of litigation or lawsuit depending on the severity and the cause. Let’s start by looking at what a personal injury case is and then we’ll discuss the cases where a delay in payment may occur.

Personal injury cases

A case involving personal injury to an individual can become a civil case. An example is when someone has been harmed or hurt, and the victim then files a lawsuit seeking compensation against the person who caused the damage or injury.  If the insurance company acknowledges that its client, the insured, was at fault for the accident or damage caused, then the insurance company begins the payment or compensation process. 

Personal injury cases may include:

-Motor vehicle accidents

-Product damage liability cases

-Work accidents


-Assault or robbery

-Medical malpractice cases

-Wrongful death cases

The most often occurring type of personal injury cases are automobile accidents, more commonly referred to as car crashes. According to national statistics from the National Highway Traffic Safety Administration (NHTSA), there are around 6 million car accidents a year in the U.S. This is where most personal injury claims are derived. As a result, the majority of late settlement payments for personal injury cases also derive from car accident claims.

It is worth noting, however, that few lawsuits in injury or accident cases end up reaching the courtroom. Lawyers from each side often negotiate out of court or prior to a trial, to try and reach an agreement whereby the victim is compensated

It is important that, throughout the process, the plaintiff formally files the claim in such a way that the personal injury attorney can easily review all the documents, explore and investigate everything related to the case. 

Insurance company’s delay in payment for personal injury.

When an insurance company and the plaintiff settle a personal injury case, it stands to reason that victims are more than eager to get their personal injury claim resolved, as well as receiving compensation as soon as possible to cover medical costs and expenses. Unfortunately, the insurance company won’t usually put the money in the victim’s hands the minute they reach an agreement.

Sometimes there can be a delay in payment for personal injury, as some cases are not so easy to solve. In general, you have to take into account the estimated time for the process to take place. A two or three-week delay is typical even after settlement or a trial, and even four or more weeks might be acceptable, especially if there’s a legitimate reason.

All cases are different, as long as all the required information is submitted, and the victim follows what the attorney tells them to do, there is a higher probability of receiving the personal injury settlement in a timely manner. 

When a personal injury claim case is resolved (either by trial or an agreed settlement), you and your attorney have made an agreement with the insurance company and now must take a few steps to get to the point of receiving your compensation. This whole process takes time.   However, if time passes and you do not see any progress on the expected settlement payout, you have to take action on the matter.

But what to do in these cases? If your case is unjustifiably delayed, there are some options to consider, the attorney’s goal is to do everything possible to speed up the settlement’s process. Before proceeding with any action to expedite the process, all parties need to be informed about the reasons why delays may occur at the insurance company.

 Some of these reasons are:

-You haven’t signed and returned the settlement and release agreement.

-Your claims adjuster may have taken unexpected time off for vacation, illness, or maternity leave after settling your claim, without sending your agreement for approval.

-The supervisor responsible for signing off on your agreement is out of the office.

-A natural disaster or another event in a different part of the country has slammed the insurance company’s resources, creating delays throughout the company.

What should be taken into account to prevent a personal injury case from falling into some sort of delay in settlement payment?

If your negotiations with the at-fault party’s insurance company have dragged on for several months, you may have to take further action. The resolution of an auto accident can take days, months, or even years. The amount of time depends on the settlement amount sought and the circumstances of each case. 

A Texas auto, motorcycle, or truck lawyer can try and help speed up your accident case negotiations. The lawyer may be able to write a settlement demand letter to push the insurance company to work faster on your claim in the face of the threat of legal action. A Texas lawyer can fight for your car, motorcycle, or truck accident case and will advise you when to end negotiations and file a lawsuit. Further, even after filing a lawsuit, a lawyer can advise you when a settlement offer is fair to accept or whether a trial is necessary to try and get the compensation you deserve.

If you do not use a lawyer, you can try to settle your claims with the insurance company, but do remember that insurance company employees work for the insurance company and have an interest in looking out for the insurance company first, which means they will drag their feet in hopes that you settle for a lower payment. 

Fight for Your Rights          

When it comes to getting your personal injury claim resolved promptly, there’s no substitute for standing up for your rights and fighting for the best result. For many drivers, that means putting their case in the hands of a lawyer rather than leave thousands of dollars on the negotiating table. If you’re thinking about making a personal injury claim, consider sitting down and discussing your situation with an experienced auto accident attorney in Houston, Texas.

The Advantage of Legal Representation

A 2019 survey by Nolo.com showed that hiring a personal injury lawyer is the most important step you can take to increase your chances of getting timely compensation for your harm. More than nine out of ten readers who had legal representation received a settlement or award 2-3 times faster.

Negotiations with the insurance company taking too long?

Contact our auto accident lawyers at 832-667-7700. Get in touch with us immediately so we can evaluate your case for free. We are available 24 hours a day, 7 days a week. You can also fill out a form by clicking here. 

PMR Law is considered one of the Best Law Firms of America, by Rue Ratings. Several of our attorneys have been given the honor of being named Super Lawyers by Thomson Reuters. The American Institute of Personal Injury Attorneys has named our attorneys 10 Best in Client Satisfaction. Speaking of personal injury, Attorney and Practice Magazine awarded our attorneys with Top 10 Personal Injury Attorney distinctions. The National Trial Lawyers have named three of our attorneys as Top 100 attorneys. The Academy of Attorneys has named two of our attorneys as Top 40 Under 40. Our attorneys have been recognized as Best Attorneys of America, by Rue Ratings. PMR Law is a proud member of the Multi-Million Dollar Advocate Forum.

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