Legal Question in Personal Injury in Massachusetts
Had an accident approximately 2 years ago. My lawyer sent out the demand in July 2010 after i had stopped treatment on my back in march of 2010. The insurance company has yet to make a settlement offer to my attorney. Is 5 months a normal amount of time for insurance companies to respond to the demand? My attorney has told me that there is nothing that I can do to expedite the process. Are we delaying the inevitable in not filing this to the courts? Is there anything else I can do?
2 Answers from Attorneys
Four to five months seems to be a very long time for an insurer to respond to a complete demand package. Insurers usually respond to our demands within two to four weeks.
If the insurer thought the package was incomplete, they would tell your lawyer and request the additional info--missing medical records, medical records from before the accident to check for pre-existing conditions, proof of loss of income, etc., but presumably your lawyer would have told you this. It's also possible that the insurer simply made a low-ball offer, and your lawyer is trying to talk them up, but again, your lawyer should have told you about the offer, however low it was.
There really isn't much one can do to "speed up" an offer if an insurer is dragging its feet other than to go ahead and file your lawsuit. Whether that is to your long term benefit is a judgment call in each case, but your lawyer should at least sit down with you and spell out the pros and cons of your options. Of course, there is always the option of retaining a new lawyer.
Best of luck to you.
You are trolling for information to doubt your lawyer. You should either trust him or fire him. What is your hurry? Typically if an insurer senses somebody is in a hurry that smacks of desperateness and means the claim can be bought more cheaply. Your lawyer may know what he is doing in not projecting desperateness and that this is a hurry and you will settle for less so you can get your money sooner than later. Think about if you really want to put the case into suit right away. This will cost several hundred dollars between filing fees and sheriff's fees. Typically the attorney's fees are contingent, but you front the costs. Are you in that much of a hurry to spend money you may not have to spend? If you want to be a pain in the ass the attorney will just tell you fine, forward me a check, we'll file suit right away like you want. Food for thought. Regards, JBS