for example if you only have a herniation disk and the one year and a half year is over and you still feel some pain can you not settle. would your lawyer make you settle by force . can i stay 3 years to settle my case from the car accident because i still feel pain, and is it true the more you wait the more you get when you settle your case
The facts and circumstances of a case, the nature and extent of the injury is what determines value. How long you wait--just for the sake of waiting--means nothing. In my experience, rarely do cases improve with time.
Waiting just to add a period of time does nothing to increase the value of a case. Holding off on making a demand because one is still in treatment, and thus incurring more expenses attributable to the fault of the other party, is a proper reason to wait.
Manuel Alzamora JuarezCar / Auto Accident LawyerBerkeley, CA ·
No a case is dynamic and you have a limited pot to go after. The monies do not increase just because you want to delay your settlement. For instance, if the policy is the standard $15k and you are hovering over the $15k in damages, if you continue to delay your case only to add more medical expenses, that will not change the amount of the recovery. You are still stuck with the $15k maximum recovery.
I agree with Mr. Pate. But all the answers here make valid points. I never wait to settle a case for the sake of waiting. There are considerations however such as the policy limits.bfor instance, if you have catastrophic injuries and $100,000 in limits, present the claim now. If you have a case with big limits and your client is still treating, then that is a good reason to wait. The reason you wait is so you present all your damage. I never like to wait too long.
Injury claims are not like a fine wine that gets better with time. Generally speaking once an injured person's treatment is completed or maximum medical improvement is achieved, it's time to contemplate settlement. If a year or so goes by and neither of these events occur, it's time to get a narrative documenting potential future effects. To be certain there are some dynamics that can justify waiting, but I dont see it here. Usually it is the insurance companies that want to delay things and play 'chicken' with the statute of limitations. Don't fall for it. Here's more: BLUE LINK BELOW
You are asking the wrong question. Frequently, the longer and harder you push the insurance company, the more money you will get. This is a reality born out of the fact that the insurance companies will try to pay as little as possible, for as long as they can and unless their back is against the wall, by being faced with a trial, they might not give you their best offer. Moreover, injuries do tend to deteriorate over time and an experienced personal injury attorney knows when to wait to see how a specific injury develops before attempting to settle. Unfortunately, many clients are in a hurry to settle and cannot appreciate this reality. That said, waiting for waiting's sake, will not add value to a case.
