Five months ago, my mom was hit by someone turning the corner in their car without looking. My mom suffered fairly bad head trauma, but will ultimately be okay. The claim has still not been completed in what seems like a straightforward case. Is this because of the length of time required to recover from a head injury?
It sounds as though your mother is represented. If she is concerned about the status of her claim she should contact her attorney.
There are numerous factors that must be considered in determining whether a claim can be settled. Attorney and clients have to obtain sufficient documentation to support one's claim. Medical records have to be ordered, investigations have to be conducted and the extent of one's injuries has to be known to a reasonable certainty. If your mother is represented her attorney will know the status of her claim. If not the adjuster may just be giving her the run around. Remember the adjuster is employed by the insurance company not you. If your mother does not have attorney she should contact one.
You don't state whether your mother is represented by an attorney - she certainly should be with the seriousness of her injuries. If she is, a case involving a brain trauma can and should take awhile. You never want to settle until you know how your client is doing and that requires a lot of medical testing.
With any injury a good lawyer is concerned with the same thing that a good doctor is - that there be a full recovery. If the prognosis is good, but she is not there yet, caution is often better than speed - any setback in the recovery process can be addressed.
The most heart-breaking cases are the ones where the case settles before the true extent of injury is known.
There are many factors that can effect the length it takes to settle a car accident case including the severity of the injury, the length of medical treatment, the probability of future medical treatment or lost wages, disputes regarding fault in the accident, etc. First, the client should be done with their medical treatment. Second, the attorney will then prepare a settlement package for the insurance adjuster which may include an initial settlement demand. Third, the adjuster usually takes about two weeks to evaluate the claim after receiving all the necessary information from the lawyer. Fourth, the lawyer should be diligent in getting the case submitted to the adjuster and following up with the evaluation. If your lawyer and the insurance adjuster are not able to reach an agreement, then the lawyer and client should discuss the possibility of filing a lawsuit.
Get free answers from experienced attorneys.
20,183 answers this week
2,339 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary