Did you file a personal injury case and wondering why it’s taking forever for your case to be heard and settled? This article will enlighten you on a few actions that may slow down any personal injury case.
The long days and maybe weeks following an injury can be infuriating and confusing, as you might find yourself asking questions like, “How long will it take for my case to settle?
The first advice experienced personal injury lawyers will give you is to exercise patience, as numerous factors may stall a personal injury case. Know that if you don’t have a reputable personal injury lawyer by your side, the wait will be longer.
Possible Factors that Can Slow Down a Personal Injury Case
Here are some of the actions that may slow down a personal injury case:
1. Non-Cooperation From Insurance Company
The insurance company can take actions that will deter payments, thereby stalling the cases, mainly if they involve large settlements. It’s common for most insurance companies to delay litigation to get a lower settlement.
Most insurance companies struggle to understand the claim better. When a complainant seeks huge compensation, the insurance company will make sure they meticulously review every single detail of the claim to avoid paying ridiculously colossal amounts.
Also, most insurance companies delay a case, hoping the plaintiff will get tired of waiting and choose to settle for a lower sum than the initial amount.
2. Delay in Medical Treatment
Most awards in some personal injury cases are given to compensate for the injuries since most plaintiffs claim that someone else’s conduct led to them suffering physical injuries.
Before a plaintiff can be fully compensated for their injuries, the physician must either indicate if the injuries are fully healed or the plaintiff has reached the point of MMI (Maximum Medical Improvement).
The time it takes for the plaintiff to heal or reach their MMI level can be long, thus delaying the personal injury case.
3. The Legal Process
The process involved in pursuing a personal injury case is quite long. First, once your case is tried in court, it significantly becomes longer. Hiring a professional personal injury lawyer is the best decision you can make.
Your personal injury lawyer will document your lawsuit in the court system and then go ahead and file a complaint & summons.
The document details what happened and the compensation you seek. The defendant is also notified of your intended action.
Next, both lawyers will engage in “discovery,” which takes up to 5-6 months, depending on the case; your personal injury lawyer uses this period to build the basics of your case.
During this period, your lawyer will carry out a series of investigations and interviews with eyewitnesses, medical personnel who carried out your treatment, and people who may have helpful information as to the event.
Your lawyer must prepare all statements and evidence before scheduling pre-trial motions. Setting a court date for the hearing also delays proceedings. Depending on who’s at fault, the lawsuit will continue until both parties settle, which takes time.
4. Trial Days
Many personal injury cases are often settled outside of the courtroom. Just like civil trials, personal injury cases can be unpredictable, long, and expensive processes.
This trial can take up to weeks, months, or even years to settle, which is one of the reasons personal injury cases do not often go to trial.
