Why Does It Take Years to Settle a Personal Injury Claim?

If you’ve suffered a personal injury due to negligence, you’d expect a quick compensation to cover medical bills, lost wages, and other damages. Unfortunately, settling a personal injury claim can often take years. Understanding why can help manage expectations and navigate the process more effectively.

1. Complexity of the Case

Personal injury cases vary in complexity. Simple cases with clear liability and straightforward injuries may settle quickly, but many are not so straightforward. The complexity can increase due to:

• Multiple Parties Involved: Cases with multiple defendants or insurance companies often drag on as each party defends itself.
• Disputed Liability: Disagreements about fault can prolong the case as evidence is gathered and arguments are made.
• Severe Injuries: Severe injuries often require extensive medical treatment and thorough documentation, which takes time.

2. Medical Treatment and Recovery

The extent of the injuries and their long-term impact is a key component of a personal injury claim. It’s often best to wait until the injured party reaches maximum medical improvement (MMI) before settling. Settling before this can lead to underestimated future medical expenses and loss of earning capacity.

3. Insurance Company Tactics

Insurance companies often aim to minimize payouts. Their tactics can delay or reduce the settlement, including:

• Lowball Offers: Offering less than what the claim is worth, hoping the claimant will accept due to financial desperation.
• Lengthy Investigations: Delaying the process by requesting extensive documentation or conducting prolonged investigations.
• Denial of Liability: Arguing that their policyholder was not at fault, forcing the claimant to prove liability.

4. Legal Procedures

The legal system’s timelines and procedures can contribute to delays:

• Discovery Phase: Both parties gather evidence, which can involve depositions, interrogatories, and document requests. This phase can take months or even years.
• Court Schedules: Courts often have backlogs, leading to significant delays in scheduling hearings or trials.
• Appeals: Either party might file an appeal if dissatisfied with the court’s decision, adding more time to the process.

5. Negotiations and Mediation

Many personal injury cases go through negotiations or mediation to attempt to settle out of court. This can be a lengthy process as both sides try to reach a fair agreement.

6. Expert Testimonies

Expert witnesses often provide testimony on various aspects, such as medical conditions, future care needs, and economic impacts. Coordinating these testimonies and obtaining their reports can be time-consuming.

7. Plaintiff’s Strategy

Plaintiffs or their attorneys might intentionally delay proceedings. This could allow more time to gather evidence, wait for the injured party’s condition to stabilize, or apply pressure on the defendant.

Conclusion

The duration of a personal injury claim is influenced by many factors, often beyond the claimant’s control. While the process can be slow, it’s often in the best interest of the injured party to be patient and thorough. By understanding the reasons behind the delays, claimants can better navigate the process and work with their legal team to achieve a fair outcome.

Tips for Claimants

• Stay Informed: Regularly communicate with your attorney to understand the status of your case and the steps being taken.
• Be Patient: Patience can lead to a better settlement.
• Keep Records: Maintain thorough documentation of medical treatments, expenses, and any communication with insurance companies.
• Seek Support: Emotional and financial support from friends, family, or support groups can be crucial during the lengthy claims process.

Navigating a personal injury claim can be challenging, but with the right knowledge and support, claimants can work towards securing the compensation they deserve. For expert guidance and dedicated representation in your personal injury claim, contact Redmond Law Firm today for a free consultation and let us secure the compensation you deserve.