Personal Injury Case is Taking So Long

Delaying tactics, not again!

Being upset is never new to anyone who has become frustrated and disappointed about something. This is also true after you file your personal injury lawsuit; you’ll definitely get upset at your lawyer because a long time will pass between the time the lawsuit has started and any trial or settlement.

There are several things that can slow down your personal injury case. One is discovery - where the insurance company is opportune to discover everything about you and the accident. You and your lawyer will need to collect all the medical bills, records and other documentations of your injuries. Some of these things must be obtained in a specific way to make them acceptable at trial. However, this often takes time and money.

Next are depositions - where the insurance company’s lawyer will ask you in great detail about your injuries, your medical history, the accident itself, and your treatment. You’ll likely to be subjected to questioning over the smallest of details. Then, you have motion hearings - where the insurance company lawyers may have what seems like an endless capacity to file motions and go to hearings on motions.

In addition, many courts are forcing lawyers to mediate or arbitrate cases prior to trial. Mediation is typically a settlement conference without the formalities of court. Arbitration, on the other hand, is often a binding “mini-trial” of the case in front of an arbitrator or panel of judges who listen to an informal presentation of the matters involved in your case. Sometimes, cases take years to be scheduled for trial, especially in some major urban areas. I must say that having a case that is two or three years old before going to trial isn’t unusual.

Finally, collection issues are the last. Here, you may also have difficulty collecting from the insurance company or the person responsible for your injury. The insurance lawyer also needs to have a check or draft issued by the company. And before they send you money, you’ll be required to sign a release document and file some sort of dismissal motion. These things also delay payment.

Indeed, litigation process can eat up a lot of your time, money and effort. Settlements after litigation can be very unsatisfactory after spending many years in the battle. However, it’s better to settle sometimes before trial to stay away from going through the process and end up with a small settlement or perhaps a bad result at trial.