If you’ve been involved in a car accident, your first concern is getting treatment for your injuries. After that, you are most likely worried about your medical bills, time off from work, and various other financial losses. To recover your monetary damages, you sought help from a car accident injury attorney, who is supposed to send a demand letter to the insurance company. However, it’s been weeks or months after the accident, and the demand letter has not been sent.
At this point, you may be asking yourself, “Why is my attorney taking such a long time to send a demand to insurance for my car accident case?”
There are legitimate reasons for why it takes so long to send a demand letter to an insurance company. We will go over these reasons today, which may provide you with reassurance regarding the direction of your case. However, it’s undeniable that some cases are put on the back burner due to the lawyer’s incompetence. What can indicate incompetence in a lawyer is something you may be wondering about, so we will cover that topic as well. But please keep in mind that we can only offer general information, which may not apply to your case. To discuss your own situation with a knowledgeable attorney, contact our law firm and schedule a free consultation.
Maximum Medical Improvement
The severity of your injuries is the most significant factor in a car accident insurance claim. But this can take time to determine, as some injuries have long recovery periods. The victim must finish their course of treatment and reach what is known as maximum medical improvement (MMI). This means there is no further progress that the patient can expect, even with continued medical treatment. At this point, your lawyer can figure out an appropriate amount of money to ask for, based on the totality of your medical expenses.
Your lawyer can also ask for future medical costs if you need ongoing treatment to help manage your condition. These treatments may include:
- Cost of medications
- Additional surgeries
- On-going physical therapy
- Cost of mental health counseling
How long it takes to reach MMI is different for each patient, but we’ve had many cases that took several months or more before the client was sufficiently recovered. If we sent a demand letter before that point, the client would have lost out on a significant portion of their damages.
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Case Investigation
An accident has to be investigated in order to prove many factors that are relevant to your injury claim. Investigations can be very complicated with car accidents, especially when serious injuries and property damage are involved. In that case, your lawyer will spend months attempting to locate witnesses, video footage, expert testimony, and other evidence that will support your case. This is essential for determining who is liable for the accident. It will also lay the foundation for a lawsuit, if necessary, though your goal is to try and settle your case through an insurance claim.
The length of an accident investigation will vary depending on the complexity of your accident. However, your lawyer should be keeping you up to date on what they find. They should also provide clear and detailed answers to your questions, since you have every right to know what’s going on with your claim.
The Total Amount of Compensation
You are probably aware of this already, but people hate parting with large sums of money. The same can be said for insurance companies, which is why you must have the strongest case possible if you’re asking for a large settlement. There’s no strict definition of what makes a “large” settlement. But a demand package for $1 million, for example, will require more evidence than a case asking for $100,000.
Gathering the necessary evidence is time-consuming, especially when there are doubts over who is at fault for the accident. Or, you may need to prove a case for emotional damage, like PTSD, which is common for car accident victims. However, it’s difficult to attach a monetary value to emotional trauma.
Many victims feel pressured to rush the process and will settle for compensation that only covers their medical bills and lost wages. But a mental health disorder can take away your ability to work, care for your loved ones, and do basic tasks, like drive or get inside a car. You will need funds to pay for therapy, and possibly medications to help manage your condition on a day-to-day basis. We understand how agonizing the wait time can be, but it’s important to recover the maximum amount of compensation.
Is my Attorney to Blame?
If none of the above reasons apply to your situation, then it’s possible that your lawyer is to blame for why it’s taking so long to send the demand letter. The first possibility is that your lawyer has taken on too many cases. They may feel pressured to do so by their firm, or it’s simply a matter of greed. No matter the reason, this is dangerous to your case as there are strict timelines for the filing of a lawsuit. The demand letter and private negotiations with the insurer has to happen before you can pursue a lawsuit. Thus, waiting too long on the demand letter can cause you to miss the deadline for an injury lawsuit.
Another reason may have to do with your lawyer’s lack of experience. This can mean they lack the skill and knowledge needed for your type of case. Or, they may not be organized enough to manage multiple cases at once. You may wonder, why can’t these lawyers be honest and not waste their client’s time? It goes back to what we’ve said before about greed or the expectations set by their law firm. The end result is a negative outcome for the client, including their case being dismissed due to lack of activity.
There are plenty of other circumstances that can point to a lawyer’s incompetence or lack of commitment to a client. So how do you know for sure if your attorney is at fault for the issues with your case?
Free Second Opinion
The best way to evaluate a lawyer’s service is by speaking with an experienced attorney in the same field. Known as a second opinion, this is a completely free consultation where you can speak with one of our lawyers. They can review your case and give you an honest assessment of how your attorney is doing. Additionally, they can answer pressing questions you have on your mind, such as:
- Is my lawyer correct about the value of my case?
- Why is it taking my lawyer so long to return my calls?
- What are the consequences if I switch to another lawyer?
That last question is very important, as changing counsel is not something you should do on a whim. On the other hand, it’s much easier to change lawyers early in your case, so you should not put off the decision for too long. A free second opinion will help you make an informed choice, but even if you decide to stay with your lawyer, your consultation is completely free. If, on the other hand, you want to switch to our law firm, we can take of the entire transfer process with your current firm. All you have to do is give us a call and schedule a time to speak with one of our attorneys.
Zero Fee Guarantee
The aftermath of a car accident is a scary and frustrating experience for anyone. Aside from the recovery process, it can be tough to receive a fair amount of compensation from an insurance company. That’s why you hired an attorney, but you’re upset by the lack of progress in your case.
There are some things in a personal injury case that are beyond a lawyer’s control. But if your lawyer isn’t giving your case the time and attention it deserves, it may be time to look for new counsel. The lawyers of Normandie are here for you, whether you need advice or a new attorney to take over your case. We can offer you our decades of experience with car accident lawsuits, along with the empathy and respect you deserve. Additionally, we offer a Zero fee guarantee, so our fees are deferred until we win your case. It doesn’t matter if you have a pending insurance claim or lawsuit. Here at Normadie, we don’t get paid unless you get paid.
If you’re ready to learn more about your legal options, contact our office and schedule a free second opinion.
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