Legal Question in Personal Injury in Minnesota

Can a person force a settlement into court for reasons of medical ''hardship''

I have a heart condition and I am due a settlement from a car accident.Is there any way to force the lawyers and insurance company to speed up the process due to my medical instability.My doctors are behind me all the way.

Asked on 3/01/09, 5:13 pm

2 Answers from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Can a person force a settlement into court for reasons of medical ''hardship''

Your question is somewhat confusing. I cannot tell if your case is already in suit or not, and I cannot tell if there has been a settlement or not. It also appears that you are asking about Minnesota law, although you seem to be in Wisconsin. If you have an attorney, I assume you have discussed this with him or her. Putting a case into suit does not necessarily speed up the process for you, if a lawsuit has not yet been filed. On the other hand, if your case is already in a lawsuit, then the Court will have set a schedule which will dictate when things need to be done in your case. One possibility might be to see if your attorney and the insurance company and their attorneys might be willing to attempt to mediate the case case now, with the hope that a mediator might be able to assist with an early settlement. Even though you may be undergoing a medial "hardship," you may want to discuss with your attorney whether other alternatives such as pre-settlement funding might accomplish your short term need for money, while your case is proceeding. Without more information, it is difficult to give you a more thorough response.

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Answered on 3/02/09, 10:04 am
Michael End End, Hierseman & Crain, LLC

Re: Can a person force a settlement into court for reasons of medical ''hardship''

My assumption from your question is that the settlement has already been made. I think the law gives the insurance company thirty days in which to pay the money after the settlement. There is no obligation for the insurer to pay any sooner than that. I think you should ask your lawyer to ask the insurance company to pay the money as soon as possible. The insurance company might speed up the process if they know there is a reason to do so. If, on the other hand, the case has not been settled, your lawyer must put whatever pressure he or she can on the insurance company to settle the case. If there are questions about fault or about the value of the claim, all your lawyer can do is push as hard as he or she can. If the liability aspects of the claim are clear, your lawyer may be able to threaten the insurance company with having to pay an additional 12% interest on whatever amount of money is clearly owed you.

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Answered on 3/01/09, 5:53 pm

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