Why is my personal injury lawsuit taking so long?

When a person gets injured due to the negligent behaviour of another, they have the right to file an injury claim against the at-fault party. That injury claim is so that they can get compensation to take care of any expenses caused by their injuries, such as medical bills, replacement costs for damaged property, lost wages, pain and suffering, and more. The injured person receives that compensation from the insurance company of the at-fault party. Or at least they should, but in some cases the insurance company will reject the claim, which leaves the injured person no choice but to sue the at-fault party.

This is usually a last resort, but legal experts like lawyers Fasig and Brooks recommend it if the insurance company is being intractable. Lawsuits in personal injury cases are rare because they can be rather time-consuming. Keep reading to learn some of the reasons why they can take so long.

Medical Treatment Lasts a Long Time

In most personal injury cases, the majority of the compensation is for the victim’s medical treatment. In order to be fully compensated for that treatment, the full extent of the person’s injuries needs to be determined. Since some injuries can persist for a while, the injured person or their attorney cannot request medical reimbursement until the doctor declares that the patient is healed or that they have reached maximum medical improvement (MMI).

MMI is when the injured person’s condition reaches a plateau and cannot be improved any further. Even though an injured person may be eager to get compensation, it is more important that they focus on getting the complete medical treatment they need first.

There is a Lot of Compensation

In cases where an injured person needs a lot of compensation, the insurance company will typically try to slow down the case as much as possible. There are two reasons for this: the first is that in cases that involve large amounts of money, the insurance company will go over the case with a fine-toothed comb in order to investigate every single aspect of the case. They will be looking for anything that can result in them paying a lower amount.

The other reason is that by delaying the case, they are hoping that the plaintiff will become impatient and accept a lower settlement than they deserve. The insurance companies know that the injured person needs the money and they will try to play on their desperation in order to try and get them to accept a lower settlement.

The Defendant Will Not Cooperate

The defendant and their insurance company may drag their feet so that the plaintiff gets desperate and accepts whatever settlement is offered to them, even if it is too low. The defendant might not own up to their culpability and may try to claim that the plaintiff was responsible for their accident. The refusal to cooperate might be a ploy, or the defendant might truly believe that they were not at fault, either way, it could slow the case down.

The Case Goes to Trial

Personal injury cases rarely go to trial, and for good reason. A trial is a long, expensive, and unpredictable process, which is why it is everyone’s best interest to resolve the case before a trial becomes necessary. If a trial does happen, then it could take months, or even years, before it is over.

Show More

Related Articles

Back to top button