Not all personal injury claims will progress as you expect. There are many legal and practical issues that can hinder your claim in the State of Missouri.
“Delays may seem very irritating; however, most of the time, they are caused by important procedures needed for filing a claim or for defending one. It is always better to know why such hindrances occur,” states attorney AW Smith of A.W. Smith Law Firm.
The following are some common factors that may affect the development of a personal injury claim in Missouri.
Liability disputes
Arguments about who was at fault for the accident often delay matters. If the parties contradict each other, further investigations are required.
Under a pure comparative fault system, which we have in the state, liability may be assigned to both parties at any percentage. This percentage will translate directly into the proportional recovery.
As a result, insurers will review the liability issue very carefully before resolving a claim. Showing fault can require accident reconstruction, interviews, and expert evidence, just to name a few, and these activities will take time.
Challenges of Evidence Collection
Some proof cannot be easily collected. For example, evidence in the form of documents, such as a doctor’s or hospital’s medical data, employment records, or police reports, cannot be accessed immediately.
Other documents, such as those owned by a government body, will take longer to process as they may involve more steps. You might have to wait for answers from agencies and/or third parties.
Digital evidence can also create problems if not collected immediately. Video recordings from a CCTV or any kind of digital proof might be deleted if not collected within the specified time period.
Lengthy Medical Treatment Periods
An injury recovery process hardly follows a clear schedule. An apparently easy matter might suddenly evolve into prolonged follow-up appointments, rehabilitation sessions, and new medical diagnoses.
Physicians tend to observe further developments and draw a conclusion only when they see the full picture of your problem. For instance, the consequences of any spinal or neck problems might be properly assessed only after several weeks or even months have passed.
Making the settlement without waiting until all treatments are completed means incurring high costs. All the details become clearer as your health stabilizes.
Delays Caused by Insurance Companies
The pace at which a claim moves depends largely on how the insurance company handles it. For instance, the waiting period for handling internal company reviews can be considerable, especially when the case involves large damages.
Additional documentation or investigations may be required by the adjusters. Every time a request is made, a delay may occur, which may be even further enhanced if there are multiple stakeholders in the transaction.
Insurers are under a legal obligation to act fairly and reasonably, but disagreements over value or liability may delay negotiations. Some delays may relate more to prudent evaluation than to inefficiency.
Court Scheduling and Procedural Obstacles
If the claim proceeds to litigation, court calendars may affect the time to resolve it. Courts in certain jurisdictions are known to have busy calendars on occasion.
The pretrial process must be completed, including discovery, depositions, and motions. These steps help ensure both parties present a fair version of their dispute.
Even after a case is filed, it may take several months or more to reach a resolution, depending on the nature of the case. Scheduling and procedural conflicts could potentially extend that time frame.
Conclusion
A delay in a personal injury claim is frustrating, particularly if you’re already struggling to recover and unsure of the outcome. But most delays can be attributed to building a thorough and robust case.
If you experience challenges in your Missouri claim, a skilled attorney can examine the timeline of events and pinpoint the area in which the hold-up is happening. They may also intervene with insurers or other parties involved and take action toward a quicker result.
