Factors That May Prolong the Time Required to Settle a Personal Injury Case

Personal injury cases are lengthy and complex, especially when getting good information on fair compensation. Some cases may be resolved within a limited time, but others may take months or years. It is necessary for the individuals experiencing the legal process to know the factors that may prolong the time taken to settle a personal injury case.

Various elements can influence how long it takes to settle, from the severity of the injuries to legal complications. The key factors that can affect the settlement timeline are the length of medical treatment, disputes over liability, insurance company responsiveness, and whether the case proceeds to trial. 

Let us discuss these factors and what they entail for those involved.

Severity of the Injuries

The extent of the injuries sustained in an accident significantly determines the time to settle a personal injury claim. In cases involving minor injuries, settlements, and negotiations can be done quickly. 

However, suppose the injuries are severe, complex, or require a long time to heal. In that case, it typically takes longer to gather the necessary medical records and establish the extent of the damages. This could include physical therapy, operations, or routine medical care, which could be time-consuming to document and assess before presenting an offer of settlement.

Disputes Over Liability

Liability disputes are common in personal injury cases, especially when multiple parties are involved. If the offender does not take the blame or there is no evidence, the case may be drawn out as both parties negotiate or litigate blame. 

Accident investigation, evidence collection, and interviewing witnesses may take time, especially if the issue of blame is in question or contention. These disputes must be settled before an equitable settlement.

Insurance Company Negotiations

Insurance company negotiation is occasionally one of the most time-consuming aspects of a personal injury case. Insurance companies are business entities that want to limit payouts and occasionally attempt to delay or lower the payout in compensation. 

This will constantly make negotiations a recurring process, which results in long time spans for the case. If the insurance firm does not want to settle for a reasonable figure, the case may have to go to trial, extending the process further.

Gathering Evidence and Expert Testimonies

Good evidence must be provided for a successful personal injury case to prove the extent of injuries and losses suffered. This could be in medical reports, accident reports, expert testimony, and witness testimony. The gathering, investigation, and reporting of the evidence is a time-consuming activity. 

Additionally, suppose the experts are to be hired to give their testimony concerning the injuries, long-term effects, or the accident reconstruction. In that case, the proceedings will slow down again due to expert availability and the suitable examination required.

Court Backlogs and Delays

Court schedules and backlogs can also delay finalizing a personal injury case, especially if the case goes to trial. Courts are not always quiet, and it will take some time before getting a trial date. 

Even after the trial has begun, unforeseen delays such as motions, recesses, or other matters can further extend the case. If there are more than two parties involved in a case or if it involves complex legal issues, then this extends the period of the court hearing.

Settlement Tactics and Offers

The negotiation process can be lengthy in other instances because of the parties’ conflicting views regarding what will constitute an equitable settlement. When the parties cannot easily decide on something, they might be compelled to seek mediation or arbitration.

The strategy employed by either party, for instance, holding out for a better payment, may create a very long process of negotiations. The aggrieved party may take a while to accept an acceptable payment, and the process may be slowed down.