Victims wishing to file a personal injury lawsuit may wonder how long the process takes. Your lawyer advises you to be patient when filing a personal injury claim. The legal system is slow when a significant judgment and settlement is involved, as every detail needs to be firmly established.
1. Complicated Injuries
Those who wish to file a personal injury lawsuit must highlight the injuries sustained. These injuries must be resolved and have a given timescale for resolving to minimize the possibility of becoming permanent. Victims should obtain a medical report from a qualified healthcare professional to document their injuries. The report decides on the total compensation amount to which victims are entitled.
Delays occur when victims’ injuries are severe. The doctor may fail to provide victims with a timescale for recovery. Victims may need to undergo further treatment as they await the outcome. You may require diagnostics, including ultrasound or MRI scan. The healthcare professional may fail to comment on your specific injuries and may recommend you to secure a report from a specialist such as a consultant orthopedic surgeon. Victims who sustain injuries should contact Gallagher & Kennedy for a free consultation to identify the available options.
2. Dispute Liability
If the company or individual responsible for an accident denies the fault, there may be delays in the resolution of a claim. Settlement can only occur once the court holds them liable or the at-fault party changes their position. Your personal injury attorney gathers and prepares the evidence that helps support your claim aside from assessing the evidence that the defendant presents. A lawyer presents your claim to a jury during trial and seeks a fair decision. Your case may delay depending on how complicated your dispute is. Before proceeding with your case, your personal injury attorney must prepare the necessary evidence that supports your claim and assess the evidence presented by the defendant.
3. Slow Legal System
The court system, just like other areas, has suffered from cuts, underfunding, and technological change in the past. Most local courts have closed, most processes have been centralized, and staff numbers have been cut. This leads to a system that creaks under the weight of users, struggles to deal with lawsuits within the statute of limitations, and needs more transparency. Your personal injury lawyer advises you on the necessary procedures to follow if the courts fail to meet the target you deserve. There is little that victims of an accident can do to hasten the court process other than by making sure their attorneys follow the required legal steps permitted by the legal process and enforce any absence of compliance by the defendant.
4. Obstruction by the Insurance Company or the Defendant
Some defendants can slow down the personal injury claim of the plaintiffs. Once presented with a personal injury claim, some defendants think being obstructive is the best way to defeat it. They may deliberately refuse to present insurance details, ignore correspondence, or lie about their association with the accident. The court process may enhance compliance, but the approach needs to be revised.
A prevalent issue is obstructive insurance agents and their companies. Fraudulent claims are unacceptable and demand proper investigation despite some insurance companies approaching all personal injury claims as though they are fraudulent. Some insurance companies adopt delaying and obstructive tactics to bully claimants into renouncing their claims. Assess whether your attorney has identified an ideal defendant and their insurance company. The correct defendant must engage with the process and reply to communications. Your personal injury attorney monitors the deadlines for filing a personal injury claim and enforces them via the legal process.
Victims who sustain injuries are entitled to compensation for the damages. Work with a seasoned personal injury attorney to help you craft a strong case. Working with a reliable law firm ensures you receive a fair settlement offer for your injuries.