The length of time involved in resolving a serious workers compensation claim varies depending on the extent of injuries, the recovery and the litigation process.
The typical litigated claim will take at least seven months and can last for longer if the appeals process becomes involved. Nevertheless, most workers compensation claims are settled by way of cash settlements in one to two years, if not sooner.
During that time, an attorney can file defensive pleadings in the mortgage foreclosure lawsuit to insure that the foreclosing entity is in fact the proper party to take possession of the home. The attorney can also assist in the mediation process and potentially work out an arrangement to keep the injured worker in their house, if it is feasible. Also, the attorney can require the foreclosing entity to account to the injured worker for past payments made on the mortgage to insure that any deficiency judgement is correct. These legitimate legal steps taken on behalf of the injured worker take time.
Due to the back log of foreclosures brought about with the collapse of the real estate market, a foreclosure action can last more than two years giving the injured worker time to settle his workers compensation claim and negotiate with the lender regarding the mortgage arrears. if appropriate.
It is important to remember that when served with a mortgage foreclosure lawsuit, the borrower must file a response to the lawsuit within 20 days of receiving the lawsuit. As such, the inured worker should contact a lawyer immediately.
Every injured worker in Florida who faces a mortgage foreclosure should consult with an attorney immediately.