How Long is Too Long?
In 2021, I was rear-ended by a company vehicle on a freeway in California. The driver took full responsibility at the time. I was completely stopped, and I saw him coming at high speed before he hit me—my phone flew off its mount and I sustained injuries.
Fast forward to the present: I’ve been undergoing physical therapy for lower back pain, and I’ve missed about a year of work due to my injuries. I’ve been receiving various treatments for persistent aches and soreness.
Unfortunately, my case has been dragging on without a settlement. I’ve fallen significantly behind on rent and have found myself in a financial crisis. Every time I receive any money, it’s consumed by debts that have accumulated during my recovery.
I’m wondering how long a settlement should typically take. At one point in 2024, we had a mediation session that my attorney suggested was close to a resolution. However, the other side wasn’t willing to negotiate; my attorney initially sought $1 million, then dropped it to $250,000, but they declined every offer. They even hinted they might settle around $60,000, which I find absurd.
My lawyer keeps insisting that we’re moving forward, promising that each next step should take between (X) and (XX) days—but it always turns out to take the longest possible time! After one delay, there seem to be more 30 to 60-day steps added.
I’m so frustrated, and I’m starting to believe this could drag on for 5 to 6 years, only to settle for a small amount. What is a normal timeframe for these types of delays? Should I accept any offer they make now, or should I hold out for a potentially long wait?
I’m really sorry to hear about your experience. It sounds incredibly frustrating and overwhelming, especially given the financial strain you’re dealing with since the accident. Each case can vary significantly in terms of how long it takes to settle, but there are a few factors at play that might give insight into your situation.
Insurance Companies: Sometimes, insurance companies will play hardball, which can extend the negotiation timeline. They may initially offer low amounts hoping the claimant will accept quickly, especially if they sense urgency due to financial issues.
Complexity of the Case: If there are ongoing medical treatments, or if your injuries require prolonged documentation or evaluation, that can delay the settlement process as well.
Lawyer Communication: It’s essential to maintain frequent communication with your attorney. While delays are common, it should be clear what the next steps are and why they are taking as long as they do.
Settling vs. Waiting: Weighing the pros and cons of accepting a lower settlement now versus possibly getting a higher amount later is tough. If you’re in dire financial need, taking a lower settlement might provide some relief, but it’s important to factor in your future medical costs and any long-term impacts of your injuries.
Ultimately, if you’re feeling uncomfortable with your lawyer’s handling of the case, it may be worth seeking a second opinion from another attorney to see if they think the case has merit for a higher settlement. Remember to prioritize your health and well-being throughout this process, and try to stay connected with support systems during this tough time.