It was so embarrassing to find myself in a place asking why is my lawyer taking so long to settle my case. This is a part for anyone who is going through a judicial case to keep wondering about but eventually would find out why in this post.
So, are you wondering why your lawyer is taking so long to settle your case? It might be frustrating at times, and you may want to get angry at the lawyer. However, this isn’t done intentionally, as there are reasons that contribute to it.
Let’s explore some of the reasons why your lawyer is taking so long to settle my case.
5 Factual Reasons Why Your Lawyer Is Taking So Long To Settle Your Case
If you find yourself asking “Why is my lawyer taking so long to settle my case”, then you’ve come to the right place to get the answers and factual reasons why that might be happening.
The reason your case is taking so long might be because of some factual situations. Below are the five reasons why your lawyer is taking so long to settle your case.
- The court is backlogged
- Procuring evidence to validate the case
- Defendant delaying the process
- Your medical treatment is ongoing
- Additional factual or legal issues to resolve
1. The Court Is Backlogged
One of the common reasons your lawyer is taking so long to settle your case might be due to the court’s backlog. If the court is backlogged, your lawyer will take a long time to settle your case. This is because there will be more time between filing the claim and the trial date.
Also, some aspects of the hearings, such as the settlement conference will be pushed into the future. Additionally, you might be asked to wait for the court to clear off some backlogs before your trial will be heard.
2. Procuring Evidence To Validate The Case
The second reason why your lawyer is taking so long to settle your case might be due to evidence procurement to validate your case. This can take a long period of time.
Your lawyer may intentionally delay gathering evidence to validate the case or push it further. The evidence can help to prove the extent of your losses and those who are responsible. It is wise to delay you to gather more evidence to help spur your victory in the trial.
The evidence can include the following:
- Finding an eyewitness to the accident or/and
- Collating testimony from a specialist or expert to determine the degree of your financial losses
3. Additional factual or legal issues to resolve
Sometimes your case might be delayed by the lawyer because there are critical or legal issues to resolve before your case can be attended to. So before you ask yourself, why is my lawyer taking so long to resolve my case, note that it might be due to legal issues that need to be resolved.
Factual issues can be questions about:
- The exact cost of the losses
- Who is responsible for the loss and the situation surrounding the incident?
4. Defendant Delaying The Process
Another important reason why your lawyer is taking so long is due to the defendant’s attitude in resolving the case. The defendant might be the one delaying settling your case There are many ways the defendants can prolong the process to frustrate you.
Some of the defendants utilize some funny strategies to prolong the case. They usually do this when they know that you are in a financial mess and they need the money urgently. By refusing to settle quickly, you become more patient and lower your expectations into accepting a smaller amount, less than what you will collect.
Other ways the defendants can delay the process include the following:
- Filing defense and frivolous claims to make it difficult for you to serve them a lawsuit
- Postponing important events, such as depositions
- Refusing to comply with the court’s requests
5. Your Medical Treatment Is Ongoing
Lastly, if you suffered severe injuries and your condition hasn’t improved to the extent it was supposed to, your lawyer might delay a bit. This is because you haven’t attained maximum medical improvement (MMI) and may still have future medical bills to cover.
So your medical bills must be certain before your lawyer can push further to avoid any loss at your end.
How Long Does A Personal Injury Case Take To Settle?
A personal injury case can be settled within a year, starting from the exact date the claim was filed. It takes between two to five years to receive compensation. However, the exact time frame depends on the complexity of the injuries and other associated factors.
Some personal injury cases might get settled very quickly. For example, if the person responsible for your injury has insurance coverage, the insurance might come quickly to offer you an initial settlement offer. You can bring the case to an end by accepting the insurance company’s offer.
Also, if the injury isn’t severe, it will be treated quickly, and the exact money spent can be calculated quickly. Sometimes, the case might linger for a while, especially if the injury results in a permanent disability or there are extra frivolous claims by the defendants.
Here are the most critical factors that determine the length of a personal injury case:
- The degree of the injuries
- The extent by which the court is backlogged
- Collation of evidence to prove your innocence
- Your willingness to settle for a smaller amount and end the case quickly
- Additional legal issues associated with the incidents.
How Long Does Lawsuit Take to Settle A Personal Injury Case?
The time frame which a lawsuit will take to settle depends on the nature of the lawsuit. An auto accident case with non-severe injuries and clear faults often takes an average of 6 to 9 months after treatment to get settled.
Complicated injury cases involving commercial defendants can take an average of 9 to 12 months after treatment to be settled. While some unique or highly complicated injury claims take three months to several years to be completed.
Note that the length might differ due to several associated reasons, including state laws.
In a Nutshell
Avoid getting angry that the lawyer is taking so long to settle your case. Instead, ask for the reasons. The reasons could be that your lawyer is sourcing for evidence, the court is blogged, you are still under treatment, or the defendant is deliberately frustrating the process.
There is no exact time frame for a personal injury case or lawsuit to last. The duration is determined by the complexity of the incidents and other associated factors that cannot be ignored.