When you've been hurt in an accident, one of the first questions you're likely to ask is, "How long will it take to receive a settlement?" It's a fair concern. Medical bills, time off work, and the emotional toll of an injury can make the financial relief from a personal injury settlement feel urgent. But the truth is, not all cases wrap up quickly. In fact, many personal injury claims face delays—sometimes for months or even years.
If you find yourself stuck in a seemingly endless settlement process, you’re not alone. This article outlines the most common reasons personal injury settlements get delayed and what you can do to help speed things along.
Why Personal Injury Settlements Take Time
A personal injury settlement is not simply a matter of filling out paperwork and collecting a check. It involves investigation, documentation, negotiation, and often, resistance from insurance companies. Every case is different, but several issues tend to come up more often than others.
1. Ongoing Medical Treatment
Delays Due to Incomplete Medical Recovery
One of the biggest factors in any personal injury claim is the extent of the injury. In many cases, it’s best to wait until the injured party reaches maximum medical improvement (MMI) before settling. MMI means the person has recovered as much as they likely will, and future treatment plans are clearer.
Why wait? Because if you settle too soon, you might miss out on compensation for future medical needs that haven’t yet been diagnosed or priced.
2. Disputes About Liability
Who's at Fault Matters
Liability isn't always clear-cut. The insurance company may argue that their client wasn’t at fault or that you were partially responsible for your own injury. These disputes can drag out a claim while both sides gather evidence—like police reports, witness statements, or accident reconstructions—to support their case.
In states with comparative negligence rules, your percentage of fault may reduce your total compensation. Sorting that out takes time.
3. Insurance Company Tactics
Delay as a Strategy
Some insurance companies may intentionally slow the process, hoping you’ll accept a lower offer out of frustration or financial pressure. They may ask for redundant documents, claim your paperwork is incomplete, or simply not respond in a timely manner. These tactics are frustrating but not uncommon.
A personal injury lawyer can help cut through red tape by staying on top of communications and keeping pressure on insurers.
4. Complex or High-Value Claims
Bigger Stakes, Longer Timelines
If your case involves serious injuries, extensive treatment, or high-dollar damages, expect a longer timeline. The more money that’s on the line, the harder insurance companies tend to push back. They may dig deeper into your medical history or try to uncover pre-existing conditions to reduce your payout.
Litigation is also more likely in high-value cases, which adds months or even years to the process.
5. Lack of Documentation
Missing or Incomplete Records
Personal injury settlements depend heavily on documentation—medical bills, treatment records, lost wage statements, and more. If there are delays in getting records from healthcare providers or employers, the whole claim can stall. Likewise, inconsistent or conflicting information can lead to additional questions that must be resolved.
Keeping thorough and organized records can help move things along.
6. Multiple Parties Involved
More People, More Problems
If your injury involved several parties—like a multi-car crash or an accident on a construction site—negotiations may take longer. Each party may have separate insurance policies, legal representation, and timelines. Coordinating everything can be time-consuming.
In some cases, courts must allocate fault percentages among parties, adding legal complexity.
7. Negotiation and Counteroffers
Settling Takes Back-and-Forth
Even when liability and damages are mostly clear, the negotiation process itself takes time. You or your attorney may reject an initial lowball offer, prompting a series of counteroffers. Insurance companies often stall here, hoping the pressure will convince you to accept less than you deserve.
An experienced personal injury attorney can help navigate this process without falling into common traps.
8. Legal or Procedural Delays
Courts Are Backed Up
If your claim progresses to a lawsuit, you’re at the mercy of the court calendar. Courts in many areas are facing backlog issues, especially post-pandemic. Hearings and trial dates can be scheduled months in advance, and rescheduling is not uncommon.
Also, if a lawsuit is filed late in the process, all pre-trial steps—like depositions and discovery—add to the timeline.
How to Avoid or Minimize Delays in Your Personal Injury Claim
While you can’t control everything, you can take steps to reduce the risk of unnecessary delays:
- Seek medical care immediately and follow your treatment plan. Delays in care can cast doubt on your injury.
- Keep all records and receipts organized. This includes medical bills, prescription costs, and wage loss documentation.
- Stay in regular communication with your attorney. Promptly respond to requests and provide updated information.
- Be cautious when speaking with insurance adjusters. Let your lawyer handle most communications.
- Be patient, but persistent. Some delays are unavoidable, but others can be addressed with a proactive legal strategy.
Call Brandon J. Broderick For Legal Help
Navigating a personal injury claim can be overwhelming—especially when delays start piling up. At Brandon J. Broderick, Attorney at Law, we understand how frustrating it is to wait for the compensation you need to move forward. Our team is committed to advocating for your rights and pushing your case forward efficiently and effectively.
Whether you’re just starting your claim or are stuck in a stalled settlement process, we’re here to help. Contact us today for a free consultation.