A trusted car accident attorney is key to securing compensation after a crash, whether through a trial verdict or (more likely) a pre-trial settlement. However, it is not always smooth sailing.
For example, if one of the parties in the case was involved in a criminal offense related to the accident (such as drunk driving), that can create a delay in settlements. Here are some other potential issues you may experience when we are negotiating a car accident settlement.
People who have suffered a motor vehicle accident will likely have incurred medical expenses. At some point, if the expenses have not been paid, either by the individual, their health insurance, Medicare, workers compensation, or some other means, then the injured party may be hit with a “lien.”
Notably, Medicare does not actually serve their clients with a lien. Medicare is government health insurance for people who have reached the age of 65 or are considered disabled and receive benefits. But for others who have been hurt in a car crash and sought treatment, they may have received notice from their own health insurance carrier that paid some of their bills. That notice should be provided to the attorney.
After a car accident, the health care provider will want to get compensated via the funds the injured party receives from the at-fault driver’s insurer. In almost every settlement with an insurance company, there will be an agreement to release the insurance company and the person they insure. There will also be an agreement that the party receiving the settlement will hold the insurance company harmless from any health insurance company liens.
If an injured person has not received any medical treatment, that is going to delay a settlement. That is why our practice tries to obtain that information as soon as we can. If somebody is continuing to receive medical treatment, that can change what damages are listed in the lawsuit, so it is important that plaintiffs get any and all medical care that they need, even if it is after the filing of the lawsuit.
There are also times where an insurance company is adamant that the accident did not cause the injury that led to medical expenses, the causation defense. They might argue that somebody had a pre-existing condition that was not causing any problems until the accident. That accusation can slow down the settlement process.
Fortunately, the law protects everyone, and that accusation is not a defense under the law, even if somebody’s condition was exacerbated by the accident. An older person who may have some preexisting conditions can still recover damages just like a younger, healthier person. Insurance companies sometimes want to obtain those medical records to put on a defense that can pose complications for plaintiffs later.
In other cases, the plaintiff may have had a second accident after they suffered the injury in question, which can also be a defense for the insurance company, known as a superseding intervening cause. Their argument is that this second accident has prolonged the injured party’s recovery and the company should not be responsible for it.
From difficult insurance companies, there are multiple ways your civil compensation may be at risk or delayed. Call our personal injury attorneys to learn more about the ways in which we can help with your car accident settlement.
