Personal Injury Law
Personal injury cases can be a lengthy and complex process. Victims have to deal with physical injuries and mental trauma, along with handling personal injury lawsuits, to recover their losses.
They aim to get a settlement check that helps cover medical bills, lost wages, and emotional distress caused by the injuries. Unfortunately, there will be delays in some personal injury cases for various reasons. Understanding those reasons helps you handle the challenging situation and receive the compensation you deserve.
Complexity of Your Case
The first reason why your personal injury case might get delayed is the complexity of the case. Personal injury cases vary according to the severity of the injury and the number of parties involved. For example, if your case involves multiple defendants, like in a multi-car pile-up or a product liability case, gathering evidence and determining liability can take more time.
If a victim suffered long-term injuries or complicated medical conditions, expert medical testimony and detailed treatment records are required to assess current and future damages properly. So, it takes time to receive a settlement.
Disputes Over Liability
In many personal injury cases, a dispute over liability is another key reason for delays. If the defendant contests the claim or denies responsibility, this can lead to a lengthy negotiation or legal battle.
For example, if the other party claims that you were partially at fault for the accident and asks to reduce your compensation, this may lead to a delay in reaching the settlement. In such a situation, both parties may need to gather additional evidence to support their claims. It can lead to extended discovery periods.
Insurance Company Tactics
Insurance companies use various tactics to reduce the victim’s compensation. One such tactic is delaying the claim. They drag the process intentionally, hoping you will eventually get tired of waiting and accept a lower offer. They may ask for unnecessary documentation or they ask for more time to investigate the incident.
These tactics can significantly delay the time it takes to receive the compensation. If the insurance company continues to delay the process, you may decide to pursue legal action, which can add even more time to resolve the case.
Court Scheduling and Backlogs
If your personal injury case goes to trial, the court’s schedule can significantly affect the length of your case. Court systems face heavy backlogs due to the number of cases they handle. Trials might get postponed multiple times due to the limited availability of courtrooms or judges.
Once the trial begins, there will be a lot of legal procedures like motions, pretrial conferences, or other formalities, which can even delay the process. It usually happens in complex cases where one side files multiple motions to delay the process.
How to Handle Delays
While delays in personal injury cases are often unavoidable, there are a few things you can do to make your case stay on track:
- Communicate regularly with your lawyer to understand the reasons behind the delay and ensure that all necessary steps are being taken.
- Keep track of all communications, medical records, and expenses related to your case. It helps your attorney build a strong case and may reduce delays caused by missing information.
- If insurance companies reach you, be careful about what you are saying. It is better to make your lawyer handle all the communication with the insurers, as they would be more experienced in understanding the insurance companies’ strategies.
Conclusion
Dealing with a personal injury case can be a long process. There are many factors that could be slowing down your settlement. However, if you hire an experienced lawyer, they will handle all the legal procedures, avoid unnecessary delays, and help you receive the compensation sooner.
Source: Farmer Cline & Campbell, Personal Injury Lawyers, Charleston, WV
