At Larson & Gallivan Law, we settle most of our Vermont personal injury cases. Consequently, our clients can receive compensation without any need of attending a trial or testifying in open court. Settlement works for everyone involved, but it can take work to get there. At some firms, cases drag on for years, with no end in sight. That means injured victims are waiting patiently for a settlement so they can pay their bills. In this article, we first identify what hurdles confront our clients on the way to settlement and then list what steps you can take to speed things up.
What Delays or Prevents Settlement in a Personal Injury Case?
Here are the main reasons why cases don’t settle:
- Disagreement over fault. In Vermont, a person only needs to pay compensation if they are at fault for your injuries. Sometimes, each side disagrees about fault. If you’re involved in a car accident, for example, it’s common for each driver to blame the other. An insurance company will need to sift through evidence to find out what really happened. And when evidence is conflicting, an insurance company might flat out refuse to pay compensation to you.
- Claims you are exaggerating your injuries. An insurance company might also reject a settlement demand because they suspect you aren’t really injured. This type of dispute often arises with injuries which aren’t visible to the naked eye, or that don’t show up easily on an MRI or other imaging scan. For example, insurers often disbelieve that you are really sidelined by a concussion, whiplash, or regional pain syndrome following an accident. Even if the insurer accepts liability, they might still offer a tiny settlement.
- Factually complicated cases. Some cases are cut-and-dried. But others might be more complex. For example, a multi-car pileup on the road which involves dozens of vehicles. That type of case takes an enormous amount of time to pick through all the evidence to find out what happened.
- Bad faith insurance tactics. Some insurers have no legitimate reason to drag things out. They do so because it’s their strategy. They employ a “delay, deny, defend” strategy, where they reject claims in a knee-jerk fashion and force you to litigate the issue in court. These tactics have been very profitable for insurance companies, which are some of the largest businesses in the nation.
10 Tips to Expedite Your Claim
As the injured victim, you can help your legal team speed up the negotiation process by taking these steps:
- Talk to witnesses. The evidence at the scene is often critical to your case. Did a bystander see your car accident or watch as you slipped and fell inside a store? Talk to them and ask for their phone number or email. Your legal team can use these witnesses to establish fault for your case.
- Take photographs of the accident scene. If you can move around, then photographs are especially useful. For example, imagine if you were involved in a car crash. Taking photos of the vehicles would be terrific evidence. We could see how the two vehicles collided with each other, as well as the extent of damage to each car. Use your phone to get photographs.
- Track information about your medical care. Your legal team wants to see your medical records, including x-rays and MRIs. We can request them from your provider, but we need to know where you received medical care first. Always write down the name of the hospital or doctor you went to, including the date.
- Hold onto medical bills and receipts for assistive devices or prescriptions. We can seek compensation for medical care. Again, it’s easier if you share the information with us than requiring that we track it all down for you.
- Document your lost income. Show your lawyer a paystub or employment contracts. If you’re self-employed, gather evidence showing how much you made over the past six months.
- Answer all your lawyer’s questions and get them requested information promptly. Any delay will only delay your settlement.
- Avoid talking about your case on social media. You can do real harm to your settlement chances if you talk about your accident or injuries on social media. Please set all Facebook, Instagram, and Twitter/X accounts to private. That way, no one will have access to them unless you give them permission. You should also probably avoid posting for the duration of your case.
- Follow your doctor’s orders. If you don’t, then the other side could credibly claim you are partially to blame for your ongoing disabilities and pain. That type of disagreement will delay a case.
- Consult an attorney quickly. This might seem like a no-brainer. A lawyer will have useful tips for how to document your pain and suffering, which helps us when negotiating fair compensation.
- Make sure your lawyer has the necessary experience. Our attorneys realize you need compensation. Our experience allows us to efficiently negotiate settlements with the other side. A novice lawyer might flounder around for months, unsure of what evidence is needed, and delay your settlement.
How Our Vermont Personal Injury Lawyers Help
At Larson & Gallivan, we have seen all kinds of insurance company tricks. We know how to counter them and get insurance adjusters to come to the bargaining table in good faith. For example, we can use Vermont’s unfair trade practice law (8 V.S.A. § 4724(9)) as leverage over the other side. When insurers engage in unfair practices, we can sue them directly—and increase the amount of compensation you receive. Because insurers know this, we often light a fire under them to accept our terms.
We also credit our organization and attention to detail for compiling a strong evidentiary basis for our claims. We can back up our demand for compensation by pointing to supporting evidence, such as medical bills to show your economic losses.
If you have questions following a Vermont accident, call us today. Our consultations with a seasoned lawyer are free.
