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My lawyer sent a demand letter to my workers comp insurance 2 weeks ago how long do they have to respond to him

Bedford, MA |

my lawyer wants this case settled but they keep brushing him off I still have limits on what I can do for work

Attorney Answers 5

Posted

It sounds like you may not want to settle your case. Have you discussed settling with your lawyer? Your lawyer should have told you that the insurer does not have to settle if they don't want to. They will only do it if they think it is in their best interests.

So no, there is no specific time limit for them getting back to your attorney.

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Posted

There is no set time for the defense to respond to your attorney’s demand, and nothing can be done to force them to respond at all if they do not want to. If they truly want to try and settle your case, a response is usually received within 3-4 weeks.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

I will defer to the Mass. Attys. here but in most situations the ins co has no obligation to respond at any time As an example if the demand was one million dollars on a case worth 50 thousand they might simply ignore it. Of course they usually want to settle cases so they will normally have a response and counter offer but the timing depends on a variety of factors out of your attys control. Typically the ins co atty needs to do an evaluation. The adjuster needs to do one and sometimes, depending on the value of the case, the adjuster s supervisor might need one. If any of those people aren't motivated to get it done it sits. I'm sure your atty will give them a polite nudge every few weeks. Best of luck

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Posted

There is no specific time frame set to respond to a demand letter. A demand letter is an opening of the door to begin settlement negotiations. Although carriers like to close out cases, please remember that they are under no obligation to accept or respond to your demand. You should speak to your lawyer about your desire to settle and your expectations.

My answers are for general purposes only and do not establish an attorney-client relationship. It is always best to consult an attorney who can review your specific case and provide you with legal advice.

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Posted

Generally you can not "force" an insurance company to settle a claim. Just like you cannot force someone to buy your house or sell their car for the price you want, if at all. You probably would want to follow up with your lawyer and ask what your options are and what the general procedure is regarding settlement.

The opinion above should not be interpreted to be legal advice but rather an opinion. Attorney / Client relationship is not being established by the comments contained above.

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