You undoubtedly want to know the time frame of filing a personal injury case before committing to doing so. People often think that lawsuits take forever to settle, but this is only sometimes the case. Some people are even afraid to file a lawsuit because they think it will take too long. Some people think that if they file a lawsuit, they will get their money immediately, which is very unlikely.
With more than 3.4 crore pending cases in India’s courts, there are many stories of delays. Nearly 55% of cases in lower courts have been there for more than two years, and just under 10% have been there for more than ten years.
It is a hard question because so many things can affect how long your injury case will take. Why do lawyers take so long to settle a case? A personal injury case will usually settle faster if you are willing to take less money. However, it would help if you considered how much money you would give up in exchange for a faster settlement.
Table Of Contents
- 1 What’s taking so long with my injury case?
- 1.1 Reasons Why Do Lawyers Take So Long to Settle A Case?
- 1.2 1- Ongoing medical care
- 1.3 2- The defendant is making things take longer
- 1.4 3- High Stakes
- 1.5 4- Challenges in law or fact must be overcome
- 1.6 5- Case filed in court
- 1.7 Interrogatories
- 1.8 Document request
- 1.9 Requests for admissions
- 1.10 Depositions
- 1.11 How long does a lawsuit for an injury take?
What’s taking so long with my injury case?
Most cases of personal injury take a long time to settle or end. There are three main reasons why a case may take a long time to move forward:
- Problems with the law or the facts are slowing down your case.
- Your case involves a lot of problems and a lot of money.
- You are still not as healthy as you could be because of your injuries.
The bad news is that some cases take a long time to settle, and there’s only a little you can do about it if you’re willing to take less money.
Reasons Why Do Lawyers Take So Long to Settle A Case?
Sometimes the law moves as slowly as a snail. When it takes several months to settle a personal injury case, people with medical bills, lost wages, and property damage can get very upset. Sometimes it can even take years. Why do lawyers take so long to settle a case? It is a question that our clients often ask our lawyers and paralegals.
Every case is different, and the answer to your claim will depend on your specific facts and circumstances. Why is my lawyer taking so long to settle my case, reddit? But here are some of the most common reasons why cases can seem to take a long time to settle:
- Care for your health
- Waiting for health records
- Depending on what other people say
- The case is brought to court.
1- Ongoing medical care
If you’ve been hurt badly but haven’t reached “maximum medical improvement” (MMI), you’ll still have to pay for medical care in the future. The amount of these expenses in the future is always unknown.
How long should a personal injury case take to settle? If your lawyer settles a personal injury case, but your condition doesn’t improve like it was supposed to, the settlement won’t pay for the extra medical care you need.
Most of the time, this is why it takes longer to settle personal injury claims involving serious and long-term injuries. Why do lawyers take so long to settle a case? Unfortunately, these are cases where victims rack up many medical bills and feel pressured to settle because of money.
2- The defendant is making things take longer
There are many ways for the accused to drag out the process. Some use these tactics to drag out the case as long as possible. They usually do this if they think you have money problems and need the settlement money as soon as possible.
These defendants use the money pressure to their advantage by not settling quickly. You need the money from the settlement more and more as time goes on. How to tell if your lawyer cheating you on a settlement? You want to give up and are more willing to lower your expectations and settle for less.
It can be done by the following:
- Making it hard for you to give them the court papers,
- Moving their assets into companies is not part of the lawsuit or giving it to friends or family.
- Filing claims and defences that don’t make sense
- Refusing to answer requests for information.
- Putting off meetings or important events like depositions over and over.
3- High Stakes
Insurance companies either don’t want to pay compensation at all or want to pay as little as possible. Why do lawyers take so long to settle a case? When a case is likely to result in a large amount of compensation, they will do whatever it takes to drag out the case and try to find flaws in your claim.
They will only consider making a fair offer once they’ve tried everything else and can’t hurt your reputation anymore. Why do lawyers drag out cases? Some insurance companies might also do this since people who have been seriously hurt might not want to or be able to wait too long for payment.
4- Challenges in law or fact must be overcome
If significant legal or factual issues are not answered, settlement may take a lengthy period.
Disputes based on facts may concern:
- Whether you were at blame for the collision
- How much your medical bills and missed payments will end up being?
Any time there is a disagreement about the law or the facts, it might slow down negotiations. Depending on the outcome of the lawsuit, its worth fluctuates widely. Can I sue my lawyer for taking too long? A settlement closer to the upper end is what you should anticipate, while the defendant will likely make offers towards the lower end or refuse to settle altogether. It might be challenging to reach an agreement when there is a wide gap in the parties’ expectations.
5- Case filed in court
Once a lawsuit is launched, progress may need to be more active. Some of the most common causes of a case taking longer than expected are:
Problems locating and serving a defendant or responder. The case cannot go forward if the defendant has not been served with the court documents. How long does a lawsuit take to settle? It often necessitates using a “process server,” who will personally deliver the papers to the defendant. It may take a few months if the defendant cannot be located at their usual residence or employment or if they are particularly skilled at avoiding service.
Why do lawyers take so long to settle a case? It usually takes a while before anything new is discovered. During discovery, attorneys on both sides exchange information to collect evidence for their cases. Common types of discovery include:
Interrogatories
It is a list of written questions from the other side. Within a certain time, the questions must be answered in writing under oath (usually 30 days).
Document request
Requests for documents or things to be shown. It sounds just like what it is. It is a formal request that the other side show documents, electronic information, or other things that can be seen and touched.
Requests for admissions
These are written statements that one person asks another person to admit or deny under oath. In a car accident, for example, the person who was hurt may ask the person who was at fault to admit that they were in a car accident at a certain date, time, and place.
Depositions
It is when a witness under oath gives a recorded oral statement. There may be a court reporter there to write down what is said, or it may be on video or both. Why do lawyers take so long to get back to you? The person being deposed could be a plaintiff or defendant in the case, or they could be a fact or expert witness.
How long does a lawsuit for an injury take?
Why do lawyers take so long to settle a case? A personal injury case can take anywhere from a few months to a few years. Some of the most important parts of the case that affect how long the process takes are the following:
- How bad are your injuries are
- if you are willing to take a smaller settlement amount to get the money faster.
- whether your injuries were partly your fault
- how much the court is behind
- if the defendant is an insurance company or a person, and
- how much you want to go to court with the case.
Some cases are quickly resolved. It can happen if you take the first settlement offer from the insurance company. It can also happen if your injuries aren’t too bad, you’ve already reached MMI, and it’s pretty clear the defendant caused the accident.
Some things take a lot longer. If the defendant has to pay out of pocket for the recovery, they are less likely to settle and hope for a favourable verdict. If your injuries are serious and expensive or if they will leave you with a permanent disability, the case will probably take much longer as well. If there is an appeal, it can add a lot of time to the process.
Conclusion
Hire an accident lawyer from a reputable law firm if you want to make an informed decision about when to settle the case. Why do lawyers take so long to settle a case? Many victims want a quick settlement to get their money as soon as possible. But personal injury and car accident lawyers often tell their clients to wait as long as possible. The law says that victims are entitled to full compensation for their losses, including pain and suffering and damage to their property. When victims are eager to settle, they often give up a big part of what they are entitled to.
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