What should I do if my personal injury case is being delayed by insurance?

Question

I have an open injury suit with an insurance company. My lawyer has never contacted me, I have always had to call them. I took the claim to them 19 months ago. Since then I have had the hospital bills go to collection. It took me a few months to get that straight with them. They told me two months ago they put in an offer and I would hear from them within a month. My claim is not very large and I wonder if this is what is holding them up. Now they are not returning my phone calls and every time I call I am sent to voice mail. What should I do? Is this normal?

Reza Torkzadeh · Answer

Insurance companies use the three D's to handle their claims:  Deny, Defend, Delay.  I would make sure that you immediately speak with your current attorney and find out the status of your claim.  Big or small, your injury case is still and important event in your life and as such, it should be handled no differently than a large case.  Continue to reach out to your attorney until you have an answer.  Remember, in California, there is a 2-year statute of limitations meaning that you must file a lawsuit within two years of your accident or you will forever lose your right to do so.

Gary Burger · Answer

It's not normal and I am sorry for ur experience. Your lawyer should be in communication with you and try to settle your case as soon as practicable. You can switch lawyers.

Josh Lamborn · Answer

Personal injury lawsuits can take a very long time to resolve, however, there is no excuse for your lawyer not returning your phone calls and keeping you in the dark.  Even very large, busy law firms at least try to have their legal assistants call the clients back and update them on the case.  You have the right to change lawyers whenever you want, but you may want to try scheduling a sit down with your attorney and telling him or her your concerns.  Explain that if there isn't better communication that you are going to hire a different firm.

Richard Copeland · Answer

Do you know when your statute of limitations runs?  If not, call your attorney today and demand an answer to that question.  If the claim is one of general negligence, the statute of limitations is normally two years.  If the claim involves an automobile accident, the statute of limitations is normally three years.  You need to know because the clock is ticking.  The attorney should be watching it, but you need to protect yourself.  With that said, it is not unusual for it to take more than a month to hear back from an insurance company after a demand is submitted.  Once you get the first offer from the insurance company, things normally move quickly.  I do recommend that you exercise persistence.  Keep calling until you get answers.

Jeffrey Wittenbrink · Answer

While it is true that sometimes lawyers get busy, they should return your phone calls promptly and should give you some kind of a report on the status of your case on at least a monthly basis.  To fail to return clients' calls can become an ethical issue for attorneys.  You should call back and complain.  If you cannot get a response it is proper to take your file to an attorney who is less busy.

Thomas Bulman · Answer

If they are not responding you should fire them and take over the settlement negotiations yourself.  If you are back to work,  just ask for a reasonable amount.

Bernard Huff · Answer

Send a letter to your attorney to express all your concerns about your case.Requestyour attorney to havemore communication with you and that you be kept current on the status of your case and claim.

Steven D. Dunnings · Answer

Talk with your attorney or get a new one

Colyn Desatnik · Answer

No. They should respond. Try writing to them, certified mail, return   receipt. That will produce a reply.

Steven Fink · Answer

Schedule an appointment to meet with them and find out what is happening.  You have 2 years from date of accident to file suit, settle, or else lose the claim.

A. Woska · Answer

All lawyers and law firms handle client calls differently. Phone calls should be returned if not by the attorney at least by an assistant. If you want to get to the bottom of your problem call the insurer handling your claim and tell them the lawyer assigned to the case has apparently quit because they ignore your calls, and ask for a new lawyer immediately.

Jared Altman · Answer

Send your lawyer a letter certified mail return receipt documenting his failure to stay in touch with you and that he hasn't returned however many phone calls. Tell him that you want him to give you the status of your claim in writing and that from now on he should promptly return your phone calls. He'll be worried that your next step will be to complain to the Grievance Committee. He should then clean up his act if he has half a brain.

Spencer Farris · Answer

It is not unusual for you to initiate contact with  a personal injury lawyer- because we don't bill by the hour, we rarely call you unless there is information to share. That being said, you should have your calls and emails returned. I would suggest asking for a meeting with your lawyer to express your concerns. More lawyers get fired by clients for failing to communicate than any other reason, and I am certain your lawyer wants to keep your as a client!

Francis Paul Hajek · Answer

If your personal injury lawyer is not returning your phone calls, you are right to be concerned.  You have several options.  You can be more persistent in your attempts to contact your lawyer.  For instance, you can send a certified letter expressing your concerns.  Or, you may want to consider retaining a different lawyer, but only after making sure that your new lawyer will be more responsive and diligent.  Remember that in Virginia there is two year statute of limitations for personal injury claims.  You have to have a lawsuit filed within the two years.  So do not delay in taking action.

James Kelaher · Answer

Yes, it is normal. It would be totally inappropriate for them to try to settle your case before you have reached MMI (Maximum Medical Improvement) and it usually takes a month for an insurance company to respond to a demand letter. You need to develop patience....these things take a while.

Paul Bovarnick · Answer

No, that is not normal.  You should consider hiring another lawyer asap.

Barry Rabovsky · Answer

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.  If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Paul Whitfield · Answer

Not normal. Not reasonable. Write your lawyer a certified letter and tell him your problems. Make HIM SIT DOWN AND TALK TO YOU. IF HE WILL NOT REPORT THIS TO THE NC Bar office in Raleigh. They have committees to deal with this sort of thing

David Stoddard · Answer

It is not unusual.  Attorneys should return client's phone calls.  However, your message is probably asking have you heard anything on my case?  If they haven't heard anything and have numerous calls to return, they might put yours off because they have no news.  Sometimes when I have a case like yours and my client calls, I call the insurance company hoping to get something done before I call the client back. Then, if the adjuster ignores my call, I never get back to the client, because during the next few days that I wit on the adjuster to call me, I have 30 more calls to return.  Keep calling your attorney.  Eventually, they should call you back. Unfortunately, the answer if the insurance company will not make an offer is to file suit.  However, if your case isn't worth much as you say, then it is almost not worth going to court (sometimes you have to even on small claims) and the attorney will make every effort to settle the case first.

Andrew Velonis · Answer

Most of what you describe is normal:  It is up to you to maintain contact with your lawyers.  Otherwise, they will only call you when they need something, such as your signature.  All of their other clients are calling them on a regular basis, so if you don't, they will assume you are no longer interested. 19 months is not uncommon, it depends on a lot of factors, the biggest single one being the status of your medical recovery.  They may have been overly optimistic when they said they expected a response within a month.  But, they should return your calls.  My recommendation:  call and insist on making an office appointment to come in and discuss your case.  Call 3 times a day if you have to.  Then get an appointment, meet with them and politely ask "What is your game plan?"  Don't get accusative or complain about the past.  Ask if they need any further information or documents from you or if there is anything for you to sign, inquire about the status and have them tell you their plans for going forward.  Then, set an appointment for a phone conference for an update.  Assure them that if they have nothing to report, that is okay with you, you just want a regular report date.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What should I do if my personal injury case is being delayed by insurance?

20 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer