Why Do Personal Injury Lawsuits Take So Long?

Key Takeaways:

  • Personal Injury Lawsuits can vary in length due to the severity of injuries, type of case, and amount of compensation
  • Legal or factual issues with the case can cause delays in settlement
  • Hiring a personal injury lawyer is the best way to ensure you receive the compensation you deserve

Our personal injury attorneys are often asked why lawsuits take so long.
It’s a fair question.
If you’ve recently been in a personal injury accident and suffered an injury, you likely want a quick settlement.
You need financial compensation to help you recover as soon as possible.
However, this is a difficult question to answer without considering various factors affecting the length of a personal injury lawsuit.
Each client is unique, and so is each personal injury claim.
In the article below, we will discuss several factors that can affect the length of your personal injury claim.

You Need To Hire a Personal Injury Attorney

If you want a reasonable settlement covering all of your medical expenses and other damages, you should hire an injury lawyer.
It’s usually not a good idea to attempt to settle a claim on your own.
Personal injury victims that work without a lawyer will always take longer to settle, and usually for less than they deserve.
Local personal injury attorneys and insurance adjusters have usually worked together before, creating a beneficial working relationship that can expedite the claims process.
And insurance companies will nickel and dime the settlement process if there isn’t an attorney present.
Working with an attorney will normally get you a higher initial settlement offer because they know you mean business.
Without an attorney, you may endure a stressful and lengthy negotiation process with the insurance adjuster and still not get the compensation you deserve.
Good attorneys can navigate the litigation process thoroughly and efficiently.
There is a common perception that lawyers and lawsuits are slow and take time, but this view is only half correct.

Common Reasons Personal Injury Settlements Progress Slowly

You Need Medical Treatment

The first factor influencing how long your case will take is your medical treatment.
All accident victims should seek medical treatment as soon as possible.
You should get medical treatment because it can save your life and speed up your recovery.
But medical treatment also serves as proof of your injury to insurance adjusters.
Depending on the severity of your injuries, you may require different treatments that take different lengths of time to recover from.
If your injuries are minor, you may only need conservative treatments
While undergoing conservative treatment, you can contact an accident attorney to start the insurance claims process.
If you need aggressive treatment like surgery or other significant medical correction for severe injuries, your injury claim will take longer.
You shouldn’t settle your claim until you’ve reached “MMI.”
MMI, or Maximum Medical Improvement, is the time it takes to go from injury to complete recovery.
Until you have fully recovered, you won’t know what fair compensation looks like for you.

You Need Adequate Compensation

If you are expecting large amounts of compensation in your personal injury lawsuit, the insurance companies will likely delay paying the settlement until they can investigate every aspect of the case.
They will look into your insurance policy and complete a thorough investigation to get detailed information on the liability and damages.
Your attorney has to convince the insurance company that your injuries were significant and a result of the accident, you’re a credible person, and there’s not a defense against your lawsuit.
Insurance companies will try to delay the settlement process to see if you will give up and accept a lower settlement amount.
They know that when people are severely injured and in need of settlement money, they can exploit them and try to get them to settle quickly and for a less than what they deserve.

medical bills for injuries after accident

You Need To Obtain Your Medical Bills and Records

An essential part of the personal injury lawsuit process is to gather evidence. The most important pieces of evidence are the medical records and other bills from the accident.
Medical records and bills for property damage are essential for a fair settlement.
A settlement before a lawsuit in an accident claim is based on the personal injury victim’s medical records and bills.
How medical records reflect your injuries is a crucial variable used by insurance companies to determine the value at this stage of the game.

There Are Liability Disputes

The more complex your injury case is, the longer it will take to settle.
If liability is questioned in your personal injury case, it will delay and complicate the settlement process.
If the negligent party claims you are partially at fault for your injury, your lawyer must prove that this is not the case.
Doing so takes time and extends the settlement process.
Litigation is even more complex where there are multiple liable parties are involved.
Your lawyer will need to investigate the case and all parties involved to ensure that all parties are held responsible.

Your Case Goes To Trial

Most personal injury lawsuits settle before they have to go to trial.
If you need a personal injury trial, it will take much longer to resolve and create a lot of additional expenses.
Going to trial also raises the contingency fee for your lawyer.
If your case goes to trial, a jury will be required to deliberate your legal claim and decide how much compensation you should receive.
Taking your case to trial requires additional legal filings by the attorney and may require testimony from an expert witness to the accident.
You can learn more about the value of an expert witness in this article.
If the jury decides in the defendant’s favor, it means you receive nothing for the injuries and damages you suffered.
Trials are always a hassle for the legal system, so they are usually avoided at all costs.
Your attorney should negotiate with the insurance company to get them to come to an agreement before sending the case to trial.

Contact an Experienced Personal Injury Attorney

If you were involved in a Personal Injury Accident, you should speak to an experienced attorney that will fight for your legal rights.
A personal injury lawyer on your side will speed up the settlement process so you can get back to your normal life.
Trying to file a lawsuit on your own without a comprehensive understanding of how the legal system works could result in losing your only chance at receiving compensation.
If you need a personal injury attorney, contact the expert attorneys at The Mabra Law Firm for a free consultation.
When you hire an Atlanta accident lawyer from our team, you are gaining an ally that will be by your side during the entire legal process.
To settle your personal injury claim quickly and receive fair compensation, schedule your Free Consultation with the Mabra Law Firm today at 404-344-5255.