The last thing you want if for your personal injury case to drag on for years. When you have an injury, you want it resolved within the shortest time possible. If you settle early, you can have the matter resolved in a few days. However, in most cases, settling very early may mean getting lesser than the full value of your claim. Most injured parties settle early because of the immediate medical expenses. In most cases, insurance companies make early offers to avoid having to pay more. While most personal injury cases are settled out of court. It is wise to consult with a personal injury attorney. They will advise on whether it is wise to settle, how much to settle for and if your case has a better chance at trial.
Personal injury cases can take days, weeks or even months. There are several factors that influence how long the case will take. Most of these factors have to do with the case itself, while others are within your control. For starters, making a claim immediately can ensure that your case does not take too long. However, it is good to file a claim once you have received medical treatment. Engaging with a personal injury lawyer will also ensure that your case moves speedily. The lawyer will begin the investigations as you take much needed time to recover.
There are times in the personal injury case when you may wonder why your case is taking too long. There are several explanations to this.
Factual problems regarding the case
When your case drags on for longer than is necessary, the most likely explanation is that there are factual problems surrounding your case. Remember that before you receive compensation, you need to prove liability and damages (how badly you were injured). Liability is hard to prove, and there are instances when proving liability is complex. For instance, if you were involved in an accident and more than one party was at fault. The court needs to determine the percentage of fault for each of the parties. Cases of defective products also involve complex liability issues. The investigation process involving product liability is extensive, and it may take months.
Another factual problem is proving damages. There are instances when there would be conflicting medical reports. For example, the physician may not be sure that the injuries were as a result of the accident or incident in question. The courts may order for further tests and diagnosis. This can take longer. This is why it is advisable for you to wait until the treatment is over. Some of the symptoms can be progressive. This means that they could show up much later.
You have not attained the Maximum Medical Improvement Point
The personal injury lawyer will advise you to wait until you have reached the maximum medical improvement point. This, of course, means that it will take longer to resolve your case. The MMI point refers to the stage where you have stabilized. It is prudent for you to wait so that you can know how to value your claim. In most cases, the insurance company will attempt to make an offer before your condition stabilizes. It is best to wait if you want to recover the full value of your claim.
When the case involves lots of money
If you suffered an impairment or a permanent injury, then you stand to get a higher insurance payout. The courts will want a thorough investigation before they can direct that you receive a huge sum of money. The trial may involve expert witnesses to help add credibility to your claims. The court may also order for a mental evaluation if you are making a claim for emotional trauma. As such, you can expect the trail to take long.
If the courts and judges are busy
Your personal injury case may be rescheduled several times because the judges are busy. In most courts, the trial is done half day. This can drag the case for long. While most of these elements are outside your control, hiring a personal injury lawyer can help speed up the process.