Though a lot of the fine details determining the pace of the case can be complex, it’s still a good idea to be prepared for certain elements in the court proceeding process to always be a sign of things ending either sooner or later. The following are some of the most significant things with a big impact on the overall length of all personal injury claims that go to court.
To Negotiate or Not to Negotiate
In the wide majority of personal injury claim cases, there isn’t any lawsuit that actually winds up being filed in the end. The defendant’s lawyer may propose a bit of time to work out a settlement rather than going through with filing the lawsuit. You may either agree to the settlement right then and there, immediately ending the case, or you could choose to go forward with the lawsuit.
Recovery State of the Plaintiff
In order to have the best possible chance at getting a demand for compensation approved, most lawyers will bide their time while the claimant slowly recovers. As the the approval of a demand for compensation will hinge on just how deeply impacted the claimant was by their injury, the best chance to make a compelling argument on that basis would be when the claimant has already reached the limit of the possibility to improve.
If there’s no further possible medical improvement that the claimant can have and they’re still impacted by the injury’s effects, the foundation of the plaintiff’s case becomes far more stable.
The Helpfulness of Available Evidence to Examine
If there’s just not enough clarity provided by evidence at hand to determine whether the plaintiff or defendant is liable, a personal injury case may wind up being longer just by the simple virtue of being tricky to find out quickly.
Not all personal injury claims that are brought to court wind up being resolved with a favorable ruling for either the plaintiff or accused specifically. In some scenarios, the lack of information to become fully assured of the case’s most critical elements can leave no either choice but to simply drop the case altogether.
There’s a chance that delays in a case due to trouble with determining liability can actually be solved with new and decisive discoveries about the case, but in most cases, the timeline is commonly anywhere from one to two years on average.
The more monetary value that was involved in the damages, the greater the potential for things to wind up getting delayed. The primary party behind case slowdowns due to money is often the insurer themselves. Rather than agreeing to settle out on an extremely large sum of money right away, most insurers will instead use the upper limits of their rights to request as much additional information as humanly possible.
In some circumstances, a personal injury case plaintiff might find themselves in an extended war of attrition with an insurer that refuses to be satisfied or out of ideas for inconsequential details to request. To protect the outcome of your case against the threat of an insurer getting cold feet in front of big money, you’ll definitely want to have an experienced personal injury attorney on your side to help read through all of the old tricks.