Pursuing an injury claim isn't always the fastest process in the legal system. Some claims can be resolved within weeks, especially if there's an insurance company that wants to close the books on the case. Other claims, though, may take months or years to resolve. Let's examine four reasons why certain cases take longer.
Maximum Physical Recovery
If the claimant's personal injury lawyer is the primary party tapping the brakes on the case, it's most likely because the attorney is worried their client hasn't yet fully recovered. Depending on the nature of your injuries, you might be looking at months or years of recovery. Worse, you may not fully recover ever.
You should be concerned about this aspect of the case because you're only allowed to get compensation one time. Suppose you have a spinal injury that isn't done healing. If an expensive medical problem involving the injury turns up after you've accepted the settlement, there's no going back for more money.
Another issue that drives the time a case takes is the negotiation process. Perhaps an adjuster and a personal injury attorney can arrive at an agreeable number quickly. However, they might be off by hundreds of thousands of dollars. Getting to a workable number may require a lot of back-and-forth between an insurer and a personal injury lawyer. That's especially the case if the insurer wants to see more evidence regarding specific medical claims or has questions about pre-existing injuries.
Waiting on Reports
Every personal injury attorney spends a good portion of their time reading reports and condensing the information into claims. That part of the job ends up on hold if a lawyer is waiting, for example, for a surgeon to conduct exploratory surgery and then write the necessary reports. Similarly, they may have to put some work into hunting down reports from police officers and first responders. Also, not all defendants are quick to provide incident reports from commercial locations.
If negotiations prove ineffective or the defense refuses to provide required evidence, an attorney may have to take the case to court. There will be initial hearings to iron out what's happening and to address motions from both sides. In particular, those hearings are your chance to demand discovery of any documents, videos, reports, and other evidence that might strengthen your case.
Most cases will still end in settlements at this point. If there isn't a settlement, though, that means more time will go into a trial.