Why Does My Personal Injury Case Take So Long to Settle?

Personal injury cases vary considerably in the time they take to settle. For any major claim, many delays can disrupt a settlement, leaving victims frustrated. Your personal injury lawyer will be focused on settling your case in your best interests as quickly as possible.

However, cases can be complex and it may be in your best interests to wait a while for settlement—for instance, in exchange, for receiving higher compensation. Most personal injury claims are settled within one year of the claim date but severe injuries, disputed liability, litigation, and obstructive insurance companies can all slow a case down.

Let’s look deeper at the reasons why cases can drag on—and the best way to avoid unnecessary delays.

If your injuries are severe and ongoing medical treatment is required, the case cannot be resolved while the compensation amounts—both economic and non-economic damages—are unknown.

Your attorney needs a full understanding of medical bills, lost earnings, any permanent damage caused, the pain and suffering from the injuries, and other outcomes of the accident.

Accident victims should follow their lawyer’s advice and may need to wait until “maximum medical improvement” has been achieved. This will help reveal the full details of the claim and a full evaluation of compensation can be made before filing.

Once treatment has been completed, you or your personal injury lawyer should be able to obtain certified copies of medical records relatively quickly from health care providers. These records will outline all injuries and treatment received—essential evidence for evaluating your personal injury case.

The process of certifying medical records and returning them to your legal team may cause some minor delays but there is no substitute for definitively linking your injuries to the accident in this way.

Determining who is to blame for the accident that caused your injuries can also cause delays. Your personal injury attorney will thoroughly investigate the circumstances of the accident and gather evidence to prove liability, so that a claim can be made. Obtaining evidence, including witness statements, all takes time.

Still, liability may be disputed even in simple accidents where it seems obvious who was to blame.

Under Kansas’s modified comparative negligence laws, accident victims can file a claim against a negligent party as long as they were 50 percent or less at fault for the accident.

Accident victims may be impatient for a settlement but the process is not totally within their—nor their lawyers’—control. Responses from many other parties may be required, with respondents sometimes avoiding communication altogether. Letters, calls, and emails can go unanswered.

Your lawyer may be doing everything to progress the case but you are also reliant on other parties to move at an acceptable pace.

In large or complex personal injury cases, insurance companies can deliberately drag their heels in the hope of evading (or reducing) liability and lowering the compensation awarded.

If the potential compensation is sizable, the insurance company will be determined to protect the interests of investors and shareholders—in direct competition with your goals as the accident victim. This can involve not only a thorough investigation but also concerted efforts to shift liability or cast doubt over the severity of the claimant’s injuries, in the hope that the individual will yield to a quick, low-ball settlement.

If the claimant holds firm, the insurance company may try the reverse strategy—prolonging the case to hope the individual grows tired of the proceedings and gives in.

If you hire a personal injury lawyer, you will be “shielded” from these strategies. A seasoned attorney will be ready for such tactics and will not settle for anything less than the amount you deserve—even if it means filing a personal injury lawsuit and waiting a little longer for a settlement.

Once a personal injury case involves a lawsuit and must pass through the Kansas court system, it is likely to slow down considerably. Legal processes and their accompanying timeframes must be followed and cannot generally be rushed.

The types of obstacles that occur during and after the process of filing a personal injury lawsuit include:

• Delays in serving the defendant. Once the case has been filed at the court, the plaintiff must have the defendant served with the court papers via a process server or other third-party not related to the case. Papers must be hand-delivered, which can take time if the defendant is not at home or is very evasive.
• Delays due to discovery: this is where the opposing sides in a case obtain evidence from each other. Typically, this involves one or more of the following:
  • Recorded, oral statements by witnesses (usually the plaintiff, defendant, expert witness, or other party), taken under oath and often transcribed by a court reporter. Video recording is another possibility.
  • Interrogatories: Written questions asked by the opposing party and answered in writing under oath—usually within 30 days.
  • Formal requests for information: Documents, electronic information or tangible items may be requested.
  • Requests for admissions: Written statements that one party asks another party to admit or deny under oath, e.g., in a slip-and-fall accident, the plaintiff may ask the defendant to admit that he was managing the store on the day of the slip-and-fall accident.
• Delays due to motions and hearings: sometimes, the defendant delays proceedings by filing motions in objection to discovery requests. This can delay the legal proceedings, while court hearings before a judge can severely delay the settlement process—especially if the court docket is crowded.
• Delays due to mediation: Sometimes, a mediated settlement may be necessary, which can further add to the time it takes to settle. Several sessions with a trained mediator may be required before the parties can agree on a resolution.

Patience is key in personal injury cases. Hiring an experienced personal injury lawyer committed to obtaining the compensation you deserve can help adjust expectations about timelines and keep you informed of progress as your case goes through the legal steps necessary.

If you’re in the Topeka area, speak to a personal injury lawyer at Irigonegaray & Revenaugh during a free case evaluation. We will advise you of your legal options and assess how best to claim the compensation you deserve.