Personal injury claims can proceed faster or slower, depending on these crucial factors. Cases involving more serious and extensive injuries may take longer than those associated with minor injuries. That's because typically the most serious injuries can:
- Take longer to be fully diagnosed
- Require much more documentation and evidence to demonstrate its severity
- Involve requests for second or third opinions to verify the extent of injuries, as well as the nature of ongoing treatments necessary for recovery.
If Liability Is Questioned
When the parties involved in a personal injury lawsuit don't agree who is the responsible party (or who are the responsible parties), the case will take longer (compared to claims with undisputed liability)
This is largely due to the fact that liability disputes will require additional investigation and evidence to prove exactly who is at fault. Sometimes this can mean:
- Hire additional experts
- Wait for certain evidence, such as test results or certain records, to become available
- Take additional steps to resolve the disputed liability so that a case can proceed.
Insurance Company Tactics
Insurers can do a lot to prolong personal injury cases, such as:
- Require additional documentation or documentation
- Require additional medical exams or second opinions
- Using statements or potential evidence to try to blame the victim
Tactics like these are often used to try to:
- Extend the duration of the claim
- Increase financial pressure that injured parties may face
- Force them to accept lower settlement agreements because they need compensation.
This is where an experienced personal injury attorney can provide essential guidance, take on insurance companies, dispel these types of tactics, and help the injured get the full compensation they deserve.
The availability of Evidence
Personal injury claims are as strong as the evidence behind them. If critical evidence (but not limited to this) is missing or unavailable, claims may be more difficult to prove and will generally take longer to resolve:
- Medical records and bills
- Vehicle data downloads
- Witnesses to the incident or event that caused the injuries
- Any report on the event that caused the injury, such as a police report or an employee incident report.
The Court Schedule
When personal injury cases cannot be resolved outside of court, the court's agenda will determine when the next stages of the claim may occur. Most courts have busy schedules, with significant backlogs in cases. This may mean that the progress of a case will take many more weeks or months, as it will be at the mercy of the court's schedule.
Your Options And Preferences
If a settlement offer is made at any time during your personal injury case, you will have to decide whether to accept or reject the offer. If you want to go to trial, your case will likely take longer to resolve. Ultimately, the amount of the offer, as well as your personal preference, will play an important role in determining how soon your case will be resolved.
