The widely held belief that all lawsuits will take forever to resolve is not always correct. Nevertheless, some people are hesitant to file a lawsuit because they believe it will take forever to resolve.
On the other hand, you may wonder if you can simply settle your case quickly, even if it means accepting less money. Yes, but that does not mean it is a good strategy.
Waiting for a claim to settle after being injured and filing a claim is a test of patience. If you are in this situation, you may have medical bills that are due but lack the financial resources to cover them. If you are unable to work as a result of your injury, the patience test becomes even more difficult.
However, you can get a personal injury loan instead of being hesitant to file a personal injury lawsuit or choosing to settle for a small amount because of the cost involved.
If your personal injury is due to an auto accident, a car accident loan should suffice. A car injury loan is an advance payment of whatever your compensation will be. This pre-settlement loan will be given by a car accident loan company and it can help you sort your bills and pay for your medical services while the trial is ongoing.
Why Your Personal Injury Lawsuit May be Protracted
Many times, the first question that pops up when you file a personal injury lawsuit is, how long will it take?
A personal injury claim can be settled quickly, but this usually means accepting less money. The most important factor to consider is how much you will be giving up.
That is why it is critical to follow your attorney’s advice from start to finish for the best results – even if it takes some time. Although personal injury trials can sometimes be short, there are reasons why they can take long.
The Case is Complex
When a case is straightforward, such as a rear-end collision in a car accident, it settles faster. Details and documents are easily accessible and readily available in these cases.
Also, there are no facts that can be disputed about what happened. When there is disagreement over the facts and issues of fault, the case takes longer.
In these cases, substantial discovery hearings and professional reports will be needed. The court may need the opinions of engineers or accident reconstruction specialists.
There is Missing or Incomplete Evidence
It can be difficult to gather strong evidence from chaotic accidents at times. For example, car accidents that result in large fires could destroy important evidence.
Lawyers and authorities would have to look for alternative methods and sources of proof, which could take some time. Investigations can last a few days or several months. Missing or incomplete evidence could cause your case to be delayed.
Maximum Medical Improvement
Reaching your maximum medical improvement means that you have recovered as much as possible from your injuries. Before you settle a personal injury case, you should fully recover from your injuries.
Some injuries are difficult to heal. After a severe injury, unforeseen events in the healing process frequently arise. This can result in unexpected costs.
If you proceed with settling your injury claim before reaching MMI, you may be forced to pay those unexpected medical costs yourself. Waiting until you reach MMI to settle your lawsuit may be annoying in the short run, but it often pays off eventually.
Complexity of Injury
A claim for a mild sprain that is not significantly disabling settles faster than claims involving more severe injuries. Most minor or soft tissue injury claims can be resolved in one to two years.
Claims for disabling injuries, such as severe fractures, chronic pain, or complex neurological injuries take longer to resolve. Recovery from these injuries is slower, and it takes time to determine a long-term prognosis.
A doctor can only declare someone disabled if they have been out of work for at least two years. People usually improve and recover for two years before their condition plateaus.
Your Personal Injury Case Involves a Large Amount of Compensation
Your settlement may be delayed because your case involves significant damages with large compensations. In this case, insurance companies will withhold payment on a settlement until they are confident in it.
They will look into every aspect of the case, including the liability and damages. You must persuade the insurance company that your injuries are severe and you are not exaggerating the situation.
It is not uncommon for insurance companies to repeatedly postpone settlements in significant compensation cases. This is for them to see if you will give up and refuse the full settlement amount.
Insurance companies understand that people who have suffered serious injuries are in need of the money they are attempting to claim. They use this knowledge to take advantage of you and force you to settle quickly for a lower amount.
There are Legal Problems
Legal issues like determining liability, who is responsible, and determining damages, or the monetary value, can all slow down your case.
If the case liability is difficult to establish and an insurance company is involved, the insurance company is unlikely to offer a reasonable settlement. This may change if your legal team files a lawsuit and hires liability experts to prove the defendant was at fault.
In some cases, the insurance company will refuse to make a settlement offer because they do not believe you have the legal right to sue. These cases may take longer because a judge must rule on whether you have the right to sue or not.
Only if a judge rules in your favor will an insurance company consider making a settlement offer.
Conclusion
The answer to the question of protracted personal injury lawsuits is relative. The length of the lawsuit is dependent on a number of factors. Cases with more complex cases will require more time for investigation.
Also, injuries can determine the length of a personal injury lawsuit. If the injury takes a long time to heal completely, then you can’t get settled until you are fine. To get a large settlement after your wait, contact a reasonable attorney and cooperate with them.