If you don’t follow your doctor’s advice about treatment, neglect to fill a prescription or intentionally skip physical therapy, this conduct may be seen as failure to mitigate your damages and may result in a delayed or reduced settlement.

Colorado Case Resolution Depends on a Number of Factors

You are injured. You sue for damages. “When will I receive compensation?” is probably one of your top questions. Alas, most Colorado personal injury cases take several years to wend their way to a resolution. Many factors are relevant.

The Severity of the Injuries

You won’t be in a position to accept a settlement offer until you have recovered from your injuries. This is the point at which your primary physician discharges you from treatment and declares that you have reached maximum medical improvement, or MMI. Reaching MMI doesn’t necessarily mean that you have fully recovered, only that your condition has stabilized and that no further improvement is expected, even with further treatment.

Issues Posed by the Case

Many aspects of a personal injury case may delay settlement, but several can be especially problematic: lack of legal liability; questions about exactly what injuries resulted from the legal liability; undocumented losses that may be hard to prove, like soft-tissue injuries or lost wages from an intermittent job.

Whether the Insurance Company Shows Bad Faith

Although most insurance companies will guide an injured person through the claims process in good faith, fairly assess the damage sustained, and process the claim in a quick and efficient manner, some insurers do not operate this way. These insurance companies are very difficult to deal with and do their best to delay and deny claims.

Failure to Mitigate Damages

If you don’t follow your doctor’s advice about treatment, neglect to fill a prescription or intentionally skip physical therapy, this conduct may be seen as a failure to mitigate your damages and may result in a delayed or reduced settlement.

The Negotiation Process

Negotiating a personal injury settlement with an insurance adjuster is a little like haggling at a flea market. Your attorney knows what you’re willing to accept for your damages and the insurance adjuster knows what the company is willing to pay. But nobody starts with his best offer. As negotiations proceed, offers and counteroffers are made and rejected. The process can last for weeks, months, or even longer, depending on the extent of your injuries, liability for the accident, the nature of the insurance coverage, and how skilled your attorney is at the art of the deal.

If negotiations do not lead to a settlement, you and your attorney may decide to take your case to court. But doing so will hardly speed things up. It may well take months or years before the case is heard and you get a verdict.

Contact an experienced Colorado personal injury attorney today.

If you or a loved one has been injured in an accident, contact Colorado personal injury attorney Dan Rosen at (303) 454-8000 or (800) ROSEN-911 to schedule your free initial consultation to discuss the details of your case.

Embed this infographic:
Embed this image: