Injuries sustained from accidents or neglect can be traumatising to the victim, especially if they have bills to pay and cannot work. This means that they have to deal with physical injury and emotional stress about their dependants’ financial wellbeing.
You might start to wonder because you have followed the right procedure for filing a personal injury claim. You have already secured the services of a personal injury attorney and are wondering why the case is dragging and time is running out. Some people wonder if they should give up because they were not informed that the process might take from 1-5 years to be resolved.
Factors That Could Extend the Length of the Claims Process
1. You Have Not Reached Maximum Medical Improvement (MMI)
Maximum medical improvement (MMI) means that your condition is still not yet stable, and you require more time to get better so that your injuries can be evaluated and your medical costs can be calculated. If you are recovering at a slower pace, then your case will also take a long time before it’s resolved. The law may also require time before someone can be declared disabled.
2. Your Damages and Claim Amount to a Large Sum
When you calculate the total amount of money you require to settle your medical bills, intangible consequences of the accident and damaged property, the total amount will determine the length of your case. The insurance company will require that you provide documents, evidence, witnesses and good defense, which may take a long time.
3. Legal Delays to Your Case
Your case might have to go through several time-consuming court processes such as determining who is at fault, determining the true cost of compensation, right to sue decision from a judge, delayed response from the other parties when summoned, etc. Filing and making sure all legal documents are in order may also delay the process.
4. Complexity of Your Case
The simpler the case, the faster the resolution. If all the parties involved agree on what happened, the case will go faster. If there are disputes on facts and fault or missing pieces to the case, the case is more likely to drag.
5. Severity of Injuries
Once your doctor has examined you and has provided the full details of your injuries, the case will depend on these findings. Straight forward injuries can take up to 2 years to be resolved. However, serious issues such as chronic pain, severe head injuries, complex fractures, psychological issues can take a lot longer because they have to be monitored over a long time until one recovers.
6. Court Backlog
If there is no judge available to hear your case soon, you might have to wait however long to get your resolution. Since cases are allocated hearing dates on when they were presented, this will automatically delay the process.
7. The Insurance Company May Want to Test Your Patience
The insurance company might delay the process on purpose to have victims take low settlements out of desperation. If the case drags on and the victim cannot work, they might be pressured to take the low settlement to survive. This will impact any expenses that arise down the line because you gave up too soon.
Why You Need Constant Updates from Your Lawyer
In most cases, your lawyer will be in charge of the proceedings of your case. They will attend all the meetings and conferences and follow the court’s processes more closely than you. Therefore, you will need a lawyer who will help you understand what is happening with your case transparently and tell you if you need to manage your expectations if things aren’t going well.
