Why Do Personal Injury Lawsuits Take So Long? Learn 4 Common Reasons

4 Factors that Could Slow Down your Personal Injury Lawsuit

 1. How Long your Medical Treatment Lasts

After any type of personal injury accident, it can take time to determine the full extent of the injuries. In severe cases, patients may still be receiving medical treatment years after the accident occurs. If the doctor does not believe you have healed completely from the injuries that you suffered, you will not be released from treatment.

Your personal injury lawsuit cannot be closed until you are released from medical treatment, your medical records have been sent to the attorney, and included in the demand letter for compensation.

If you are still treating, your attorney will not be able to ask for medical reimbursement until the doctor releases you from his care.

It’s extremely important to take the time to recover from your injuries. Once you have stopped receiving treatment, and the attorney asks for a settlement amount, you will not be able to go back and have those medical expenses paid for. So, making sure you get the best treatment you can is more important than receiving a quick settlement from the insurance company.

If your injuries take a short time to treat, then your lawyer can begin the negotiation process sooner. But if it takes you months or years to recover, it will delay the negotiation process by months or years.

2. There is a Large Amount of Compensation Involved 

If there are large amounts of compensation involved in your personal injury lawsuit, more often than not insurance companies will delay paying the settlement until they have investigated every single aspect of the case.

They will complete a thorough investigation and want every detail of the liability and damages. Your attorney will need to convince the insurance company of the following:

• Your injuries were severe and resulted from the accident.
• You are a credible person and they will not be able to damage your credibility.
• That they do not have a defense against your lawsuit.

It is not uncommon for the insurance companies to continually delay the settlement process to see if you will give up and just accept a lower settlement amount. The insurance companies know that people who are severely injured are in need of the money they are trying to claim, and they will use this knowledge to exploit and try to get them to settle quickly and for a less than what they deserve.

3. Whether or not the Defendant is Cooperating 

When it comes to personal injury lawsuits, the majority of the time the defendant in the case will not just own up to their mistake and offer you compensation. Unfortunately, the insurers of the defendants will try to get out of paying you anything if possible. 

It is the insurance companies job to place liability on you and delay paying you the money that you deserve. They may even try to get you to make a statement that releases them from the responsibility of compensating you, so it is important to never speak with an insurance adjuster without first speaking with a lawyer. 

When the defendant and their insurance company drag their feet and delay the settlement process, it will be up to your personal injury attorney to make sure things keep moving in the right direction. 

4. Whether or not your Case Goes to Trial

When filing a personal injury lawsuit the goal if to settle before the case goes to trial. If that does not happen, it will take longer to settle and will create a lot of additional expenses and hassle.

A courtroom will be needed to hold the trial, a judge will need to hear the case, and a jury will be needed to deliberate and make a decision regarding the amount of compensation that you should receive.

Taking a case to trial will require additional legal filings by the attorney and testimony from an expert witness to the accident.

You can learn more about the value of an expert witness in this article.

Going to trial is not a guarantee for success, if the jury decides in the defendant’s favor, it would mean you receive nothing for the injuries and damages that you suffered.

Trials create a hassle for the entire legal system, which means they are usually avoided at all costs. It’s up to your attorney to negotiate with the insurance company and get them to come to an agreement before sending the case to trial.