Why is my lawyer taking so long to settle my case? - Guest Post

While being in between legal battles, patience becomes scarce as time goes by without noticing any significant changes in the case. Especially if the case affects your time, health, finances, and overall well-being, settling the case faster becomes more important. It’s then common to wonder why my lawyer is taking so long to settle my case.

In this article, we are going to discuss about the various factors that contribute to the delay of the settlement, and I will also offer some tips on how you could speed up the process. So, let’s get started.

Are you wondering why your lawyer is taking so long to settle your case?

Certainly, when you notice your case is taking a long time to settle and it’s affecting your money and lifestyle. It is reasonable to wonder why it is taking your lawyer so long to get the matter settled. The factor actually depends on the complexities of the case, the evidence’s accessibility, the schedules of the lawyer and the court, the degree of the other party’s cooperation, and adherence to the rules of the court.

These and other situation-specific factors all affect how long it takes to conclude a case. Further delaying the time needed to reach a resolution are the mediation and negotiation processes, as well as unforeseeable events like changes in the law or international crises like COVID-19, which can also affect the delay of cases.

However, it would be more beneficial if you keep communicating with your attorney and keep discussing the status of the case and any difficulties encountered in order to moderate expectations for when it will be resolved and to provide clarity.

Reasons for Delays in Case Settlement

There are many reasons for delays in a case settlement. However, below, we have gone through a few of the common ones that you might have been co-fronted while dealing with a legal battle.

Ongoing Medical Treatment:

In cases involving personal injury, the completion of medical treatment is very important before reaching a settlement. It’s crucial to have a clear understanding of your medical condition and the associated costs, which can only be ascertained once the treatment concludes. So when you are medical treatments get prolonged, so does your case settlement.

Your attorney will now ensure that you receive the compensation you are due. Usually, your attorney won’t settle the case as fast as you think. Your attorney would take time, at least until you clear your damages for your losses as well. This not only includes your medical expenses but other losses as well, like the pain, suffering, and permanent effects that cause damage to your life. Without completing the medical treatment, your lawyer cannot start negotiating the payout amount.

So, in case of injuries, it is normal for cases to get delayed, especially when there is ongoing medical treatment.

Optimizing Settlement Value:

Lawyers may spend additional time working up the case to increase the potential settlement amount. This includes collecting evidence, consulting with experts, and negotiating with the opposing party – all of which are time-consuming but essential steps to ensure you get a fair settlement.

Claim Complexity and Damages:

Complex cases with significant damages at stake often take longer to settle. The complexity could arise from legal issues, the severity of injuries, or disagreements over liability and damages.

Also, if the court is overburdened, it will take longer from the moment a personal injury claim is filed to the trial date. There will also be a postponement of crucial sessions like the settlement conference.

When a trial deadline is not close, there is less pressure and more time to reach a settlement. Because of this, the defendants may be able to prolong the litigation in an effort to demoralize you into accepting a less favorable settlement.

Defendant’s Delays:

Now, the defendant won’t automatically own the mistake, accept the cause of the accident, and give you all that you deserve. Nonetheless, the defendant’s insurance company could be to blame for the delay. They drag the case in the hope of lowering the settlement to pressure you into accepting an unfavorable deal. If at all feasible, they strive to avoid paying the majority of the time.

Depending on the defendant, your lawsuit can take longer if:

Taking a firm line during negotiations
Knowingly hiding records and other evidence related to your accident
Denying responsibility or coverage

In this situation, the only option for your attorney to cease dragging out the settlement of your case would be to give in to insurance company pressure and stop pursuing additional compensation for you, which is not what you want from your personal injury claim.

Legal or Factual Issues:

Your case might have legal or factual issues that need resolution before proceeding toward settlement. Identifying and addressing these issues is a meticulous process that requires a thorough investigation and, often, legal rulings.

Factual disagreements may involve issues with:

who was accountable for the mishap or
your actual medical expenses and missed wages.

Any time there is a disagreement over the law or the truth, the settlement process may be delayed. Depending on how the disagreement is resolved, the case’s worth may fall into a wide range. While the defendant will make proposals that are close to the lower end or won’t even consider settling, you should expect a settlement that is on the upper end. Settlements can be challenging to reach when the parties’ expectations differ so widely.

Tips for a Faster Settlement Process:

Now that you know the reasons why your case is taking longer to settle, you can try following the tips below to settle the case as soon as possible.

Provide Complete and Accurate Information:

Ensure you provide all the necessary information to your lawyer promptly. It consists of accident reports, medical records, and any other pertinent documents. The completeness and accuracy of this information can significantly impact the speed of the settlement process.

Maintain Regular Communication:

Establish a regular communication routine with your lawyer to stay updated on the progress of your case. This not only keeps you informed but also signifies your interest and urgency in settling the case. This makes sure that your case is a priority and your lawyer will keep the urgency in mind.

How long does a personal injury lawsuit take?

It can take a few months to several years to complete a personal injury case. The following components of the case are some of the most significant factors that affect how long the process will take:

how severe your wounds are,
whether you are prepared to settle for a lower sum in order to get the money more quickly,
whether your injuries were partially your fault,
how overburdened the court is
regardless of whether the defendant is a person or an insurance company,
how much you want to go through with the trial.

Many situations are resolved quite quickly. If you accept the insurance company’s initial settlement offer, this could happen. If your injuries are not too severe, you have already attained MMI, and there is little question that the defendant was at fault for the accident.

Some situations go on for a lot longer. The likelihood of the defendant settling and hoping for a favorable verdict decreases if the defendant is footing the bill for the recovery out of pocket. The case will probably take a lot longer if your injuries are serious and costly or if they leave you permanently disabled. The time frame may be significantly extended if the case is appealed.

What is the personal injury claim process?

You will get medical care after the accident. An insurance claim adjuster from the defendant’s insurance company will contact you sometime during the next couple of weeks. First, a settlement offer will be made by the adjuster.

This offer is timed and planned to appear as though it will fully compensate you for your losses. In reality, though, it significantly underpays you in order to keep the insurance company’s profits high.

You will also be required to sign a waiver absolving the insurance provider from further legal action related to the accident if you accept the initial settlement offer. The personal injury claim is now over.

A demand letter must then be written and sent if you reject the original settlement offer. And that’s when the case starts to get extended, and it can take even years until both you and the defendant come to the middle point.

Conclusion

Anger and frustration can be felt along the way because the path to a legal settlement is frequently long and tortuous. To put the length of time into perspective, it helps to comprehend the inherent difficulties and stages required to attain a just settlement. Also, taking the suggested proactive measures may speed up the settlement process. In order to successfully navigate the legal maze and come to a good settlement, you must trust your attorney and keep lines of communication open with them. You can get a desirable result, possibly in less time, thanks to your active participation, patience, and comprehension of the process.