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Miami Injury Lawyer > Blog > Personal Injury > What Can Delay My Personal Injury Settlement in Florida?

What Can Delay My Personal Injury Settlement in Florida?


One of the questions that injured people ask after the accident is, “How long will it take to settle my claim?” The timeline of your personal injury settlement in Florida depends on many factors.

Also, there are certain factors that can delay your case. If you hire an experienced personal injury attorney in Miami, you can speed up the claims process and settle your claim for the maximum amount you deserve.

Four factors that can delay your personal injury case

If you want to settle your personal injury claim as soon as possible, you should be aware of the following four factors that may slow down your case.

  1. Your slow recovery progress

The length of your medical care and how long it takes you to recover has a major effect on the timeline of your personal injury case. It’s never advised to settle a claim until after you have reached the Maximum Medical Improvement (MMI), the point when your condition is no longer expected to get any better.

Thus, the longer it takes you to reach MMI, the longer it will take to settle your claim. Note: It’s not recommended to accept a settlement offer before reaching the MMI because you do not know the full extent of your injuries.

  1. The insurance company’s attempts to drag out the settlement process

Many insurance companies try to drag out the process for as long as possible so that the claimant is more willing to settle for less than they deserve. The insurance’s reluctance to respond to your claim in a timely manner and handle the claim fairly can also delay your personal injury case.

While the insurer may try a variety of tactics to delay the claims process or pay you as little as possible, a skilled personal injury attorney on your side will protect your legal rights and settle your claim as soon as possible.

  1. Liability disputes

If fault is not immediately clear in your accident or there are disputes regarding liability, it could take longer to resolve the disputes and settle your claim.

If liability is not clear, the insurance company will most likely try to undervalue your claim by arguing that you were partially to blame for your injury. Under Section 768.81, Florida Statutes, you can seek compensation for your damages even if you were mostly at fault for the accident. That’s because Florida follows the doctrine of pure comparative negligence.

If any liability disputes arose in your personal injury claim, do not hesitate to contact an experienced personal injury attorney to resolve the dispute and maximize your compensation.

  1. Your injury is serious or permanent

As a rule of thumb, the more severe the injury, the higher the personal injury settlement amount. Since insurance companies are usually not willing to pay out large amounts of money, they will take time to investigate your claim to find anything that would allow them to reduce the value of your claim.

Note: Under Florida law, you can step outside the no-fault system and pursue a personal injury claim against the at-fault party’s insurer if your injury is serious or permanent. Thus, if your claim was initially handled by your own insurance company, but you then filed a third-party claim against the at-fault party’s insurer, it would take longer to settle your claim.

Schedule a consultation with our Miami personal injury attorneys to help you expedite the claims process and ensure that you receive fair compensation for your damages and expenses as soon as possible. Contact Pita Weber Del Prado to get a case review. Call 305-670-2889.


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