If you’re in the middle of settlement negotiations with an insurance company and progress has slowed to a crawl, you’re not alone. Many personal injury victims find themselves frustrated with delayed settlements, wondering why their claim isn’t moving forward.
Insurance companies often use stalling tactics to pressure claimants into accepting lowball offers or giving up on their case entirely. However, there are steps you can take to get negotiations back on track and secure the maximum compensation you deserve.
The Personal Injury Settlement Timeline
Settlement negotiations in a personal injury case are rarely straightforward. Your personal injury attorney must work with the insurance adjuster or the defendant’s legal team to reach an agreement on:
- The value of your damages (medical expenses, lost wages, pain and suffering)
- Who is at fault and to what degree
- Whether additional evidence is needed to justify the settlement demand
Even if the insurance company makes a counteroffer, you are not required to accept. Your lawyer may introduce new evidence, negotiate for a higher settlement, or reject unfair offers. However, the more back-and-forth negotiations involved, the longer the process takes.
If a fair and full settlement cannot be reached, your case may proceed to trial, which can extend the timeline further.
Why Do Personal Injury Settlement Negotiations Stall?
It’s common for insurance companies to intentionally slow the negotiation process. They are for-profit businesses that minimize payouts whenever possible. Here are some common reasons why your settlement might be delayed:
1. Insurance Stall Tactics
Insurance adjusters often:
- Delay processing claims to frustrate claimants
- Argue that settlement funds are limited
- Dispute the value of your damages and downplay injuries
- Refuse to provide a counteroffer, forcing you into a difficult position
2. Medical Treatment Still Ongoing
If you are still undergoing treatment, it may be difficult to determine the full cost of your medical expenses. Waiting until you reach maximum medical improvement (MMI) ensures that future medical costs are accounted for in the settlement.
3. Liability Disputes & Contributory Negligence Claims
If the at-fault party denies liability or argues that you share responsibility, the case may stall until your attorney gathers additional evidence (witness testimony, accident reports, surveillance footage, etc.).
4. Court Backlogs & Legal Delays
If settlement negotiations lead to a personal injury lawsuit, court backlogs or complex litigation issues could add months or even years to your case.
How to Get Settlement Negotiations Moving Again
Even if your case has stalled, there are several steps you can take to speed up the settlement process and strengthen your position:
- Provide Clear & Consistent Statements: Contradictory statements can delay negotiations. Ensure your accident details and medical reports are accurate and consistent.
- Stay Organized & Submit Documents Promptly: Missing paperwork, medical records, or evidence delays the process. Provide comprehensive documentation to your attorney as soon as possible.
- Work With an Experienced Personal Injury Lawyer: An aggressive attorney who understands insurance company tactics can apply pressure and push for faster resolutions.
- Refuse to Accept Unfair Lowball Offers: Insurance companies often initially offer less than your claim is worth. Be patient and let your lawyer handle the counteroffers.
- Be Prepared to Take Your Case to Court: If the insurer refuses to settle fairly, your lawyer can escalate the case to litigation. The threat of a trial often motivates insurers to offer a reasonable settlement before court proceedings begin.
When is It Time to File a Personal Injury Lawsuit?
If your insurance negotiations remain deadlocked, you may need to take legal action. Filing a personal injury lawsuit could be necessary if:
- The insurance company refuses to negotiate in good faith
- You are offered a settlement far below your damages
- The insurance policy limits do not fully cover your losses
- The at-fault party denies liability and refuses to settle
If your case goes to trial, a judge or jury will decide how much compensation you receive. However, many insurance companies prefer to settle before trial, knowing that a court ruling could result in a larger payout.
For the Injury Settlement You Deserve, Call HKD
Dealing with a slow or stalled personal injury settlement? You don’t have to handle it alone. At Hecht, Kleeger & Damashek, P.C., our experienced New York personal injury lawyers know how to fight back against insurance companies and get you the settlement you deserve. Your initial consultation is free, and we work on a contingency basis—meaning there’s no fee unless we win.
Don’t let insurance companies delay or deny your justice. Call (212) 490-5700 or schedule your free consultation online.