It’s not uncommon for personal injury cases to take too long to settle. While many people blame their lawyers for the slowed process, many factors can contribute to slowing down the settlement process. At Dyer, Garofalo, Mann & Schultz L.P.A., we employ an open communication policy with our clients so that they understand how the process proceeds and what could possibly delay the settlement.
Here are the four reasons your lawyer could take longer than expected to resolve your case.
One of the key damages in a personal injury case is medical expenses, both past and future.
To assess a plaintiff’s medical condition and prognosis fully, doctors will require sufficient time.
Also, your attorney will have to wait for comprehensive and up-to-date medical records to build a strong case. This process involves coordinating with healthcare providers who might still be working on your health condition.
At this time, your personal injury lawyer is waiting for you to attain Maximum Medical Improvement (MMI). This is where your medical condition stabilizes, and further recovery is unlikely. For instance, one study revealed that a shoulder arthroplasty patient may reach MMI in 6 months.
It is advisable to reach MMI before settling a case because it ensures an accurate assessment of the injuries and their impact on your life. Therefore, your attorney may not resolve the case immediately because they are waiting for a full understanding of your damages to help maximize recovery.
Court backlogs are a prevalent challenge contributing to the delay in settling legal cases. Mostly, this happens when the dockets of courts are crowded with a multitude of cases. This congestion can significantly slow down the progress of your case as the court system works through its caseload in order to file.
Another key aspect that exacerbates delays is the difficulty in serving the defendant or respondent. Proper legal procedure requires that all parties involved be officially notified of the legal proceedings against them. However, locating and serving individuals, especially if they are attempting to avoid the legal process, can take time and effort.
Insurance companies often employ various tactics to prolong the legal process and minimize payouts. This is particularly true when significant compensation is at stake.
One common tactic is the deliberate delay in responding to claims. Insurance companies may intentionally take their time in reviewing and processing claims to create frustration and financial strain for the claimant. This tactic aims to force claimants into accepting lower settlement offers out of desperation.
Another strategy involves requesting extensive documentation and information during the discovery stage. Insurers may demand an extensive array of documents and details simply to cause delays as claimants gather the necessary information.
This tactic is designed to wear down claimants and potentially find discrepancies they may use to challenge the validity of your claim.
Additionally, insurance companies may engage in repeated negotiations and counteroffers. By prolonging the negotiation phase, they create an environment where claimants are more likely to settle for a reduced amount just to conclude the process.
However, your attorney understands these maneuvers and can counter them effectively. Your attorney will work to expedite the claims process and address any attempts to undermine your rightful compensation.
Some cases are slow to settle due to inherent delays in handling them. Here are some scenarios where a delay in settlement arises:
Usually, a personal injury case can take from a few months to several years to settle based on the above factors. However, sometimes, the defendant can take actions that may expedite the process.
First, being open to accepting a smaller settlement amount can sometimes expedite the resolution process. If both parties can agree sooner rather than later, it may save time and legal expenses. However, it’s crucial to carefully evaluate the fairness of the settlement they propose and seek legal advice to ensure that it covers your injuries properly.
Second, if you are willing to take the case to trial, this can influence the opposing party’s approach. Knowing that you are fully prepared to litigate the matter in court may encourage the other party to engage in more serious and efficient negotiations. However, if you’re unwilling to proceed to trial, it may make the process less time-consuming. Ensure that you carefully consider this step in consultation with your attorney.
While these actions may make the settlement process faster, your attorney will consider various factors that directly affect your case. For example, the statute of limitations dictates the time within which a lawsuit must be filed to be valid. In Ohio, for instance, you must file medical malpractice cases within one year, according to Ohio Revised Code section 2305.113, and 2 years for personal injury cases. If you exceed this timeframe, it could result in forfeiting the opportunity to seek compensation.
If you think your case is taking too long, you need to look into possible reasons for the delay in settlement. It is advisable to work with a personal injury lawyer to ensure the protection of your interests and rights throughout the case. At our firm, we will ensure that your case is settled within a reasonable duration that ensures fair and timely compensation for your injuries. Contact us today for a free case assessment.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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