The Shoulder
The Shoulder
63
clear-marten-037

My sister's claim is dragging on forever — she has a toddler and no income coming in

Posting this on behalf of my sister because she's too overwhelmed to do it herself. About five months ago she got T-boned at an intersection — total wasn't her fault, the other driver ran a red light and there were witnesses plus camera footage. Her car was totaled and she ended up with a pretty serious back injury that's kept her from working.

Here's the thing — she was self-employed doing pet sitting and dog walking. So there's no W-2, no employer to file a claim through, nothing clean and simple. She has a three-year-old and her partner works but it's not enough to cover everything on one income, especially with all the medical appointments piling up.

The other driver's insurance accepted liability pretty early on, which felt like a win, but now it's like... radio silence and waiting. Her attorney checks in occasionally but she feels like she's just sitting in a queue somewhere.

Some things I'm wondering:

  • Is there anything she can do to speed up the process, or is this just how it works?
  • Does it make sense to get a second opinion from another attorney at this stage?
  • Are there any ways to get some financial relief while the claim is still open? I've heard something about "advances" but I don't really know how those work or if they're a trap
  • How do you even prove lost income when you're self-employed and your records are kind of informal?

She's not trying to be greedy, she just needs to keep the lights on and take care of her kid. Any advice from people who've been through something similar would mean a lot. I hate feeling helpless watching her stress about this every day.

14replies

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14 replies

  • 21
    kind-crane-599

    On the lawsuit funding / advance question — those products exist and they're sometimes called pre-settlement funding or litigation funding. They're not loans exactly, but they're also not free money. You only pay back if you win, but the fees can be steep. It's worth asking her attorney about it before she signs anything with one of those companies, because some attorneys have opinions about which ones are less predatory. As for a second opinion — she's absolutely allowed to consult another attorney. Most do free consultations and it doesn't mean she has to switch.

  • 20
    genuine-grouse-622

    I went through almost this exact situation — self-employed, liability was clear, but the claim still dragged on for months. What I learned the hard way is that "they accepted liability" does NOT mean they're in a hurry to pay. They're basically waiting to see how desperate you get so they can lowball the settlement. The waiting is a strategy on their end, unfortunately.

    • 8
      calm-optimist269

      Really glad you posted an update — gives the rest of us some hope.

  • 14
    keen-seal-587

    Please tell your sister to be really careful right now. Once liability is admitted, adjusters sometimes shift into a different kind of pressure mode — they might reach out with a 'we just want to get this wrapped up for you' offer that sounds generous but is almost certainly way less than what she's owed, especially with ongoing medical stuff and lost income. Getting anything in writing before she's done treating could seriously hurt her.

    • 4
      honest-parent211

      Same boat here. Did anyone mention a deadline to watch out for?

  • 14
    kind-lynx-487

    Honestly just want to say you're a good sibling for advocating for her. People in her situation often feel too embarrassed or exhausted to push for what they deserve. Keep showing up for her — it matters more than you know.

    • 0
      grounded-late-shift290

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 13
    quick-grouse-831

    Quick question — is she still in active medical treatment or has she been discharged? Claims usually can't fully settle until treatment is wrapped up (or close to it) because you don't know the full extent of damages yet. If she's still treating, the wait might actually be protecting her rather than hurting her. What's her attorney saying about timing specifically?

  • 12
    genuine-marten-878

    One thing I'd flag from the medical side — make sure she is NOT skipping or delaying appointments because of cost or logistics. I know that sounds hard with a toddler and no income, but gaps in treatment are something insurance companies point to later and say 'see, she wasn't that hurt.' Consistency in her care record protects both her health and her claim.

    • 0
      steady-survivor230

      This is exactly what I needed to read today. Thank you.

  • 11
    gentle-stoat-141

    Not legal advice, but just so she knows: consulting a second attorney doesn't automatically mean firing the first one, and most PI attorneys won't charge for a case review. If she feels like her case isn't getting attention, that's a valid reason to ask questions. Self-employed income loss claims are totally compensable — they just require more documentation than a standard pay stub situation. A good attorney should be actively helping her build that paper trail, not just waiting on the insurance company.

    • 0
      weathered-late-shift181

      Exactly my experience. Persistence paid off in the end.

  • 9
    wise-mole-717

    I used to work on the insurance side and I can tell you — self-employed claimants are genuinely harder to value, and some adjusters will use that as an excuse to drag their feet or underpay. The key is documentation. Tax returns, client invoices, Venmo/PayPal records, even texts from clients booking her — anything that shows what she was making before the injury. The more paper trail she has, the less room they have to lowball her income losses.

  • 6
    quick-finch-163

    Two things: First, have her gather every piece of financial documentation she can find going back at least a year before the accident — tax filings, receipts, client payment records, all of it. Second, have her ask her attorney directly: 'What is the current status and what is the expected timeline?' If she can't get a straight answer, that's information too.