Why Is My Personal Injury Case Taking SO LONG?
Why Is My Personal Injury Case Taking SO LONG?

Why Is My Personal Injury Case Taking SO LONG?



Your non-public harm lawyer ought to completely explain why your case is taking goodbye. There are many valid motives why a non-public injury case takes the time it takes, however in case your legal professional cannot explain why your case is still pending, you may want to don’t forget changing attorneys. Some regulation corporations sign on greater instances than they could deal with, and it’s miles viable that your case is sitting in a record cabinet overlooked, don’t be shy approximately requesting an update.

These are the factors with a view to effect the period of a private damage case:

Insurance Coverage

Length of Treatment

Policies of the Insurance Company


Quality of Medical Reports

Seriousness of Injuries

Type of Case



The minimal coverage limits for automobile legal responsibility insurance coverage in New York are 25/50. This means that the most that can be paid out is $25,000 in keeping with individual and $50,000 per incident. So if you were critically injured, the handiest character injured in the accident and it was honestly the fault of the opposite car, your case may be settled very quickly. The coverage enterprise will in all likelihood “tender” their coverage to you, which means that they may pay out their complete coverage. Under the circumstances, it’d be “awful religion” in the event that they did no longer. Unfortunately, despite the fact that your case is settled quick, you will now not be capable of get very an awful lot cash.

Let’s say you had the same severe injuries and top legal responsibility, however the other car became a truck with $a million in coverage. Here’s where you do not want to rush. Sure, you COULD settle this situation quick, however that would not be the best way to address it. With only $25,000 to acquire, the case can be settled earlier than you are even completed with remedy, however with extra cash to acquire, it would not make experience to even try to settle the case before treatment is entire, as clinical treatment is “damages” that growth the cost of your case. Here’s where we need to maintain out for an excellent settlement and litigate if one is not offered. This goes to make the case take much longer, however it is well worth it.

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More extreme injuries typically imply lengthier remedy. Clients on occasion ask why their case is not settled whilst they’re actively getting scientific remedy or they’re nevertheless unable to work. It’s now not feasible to realize the price of the case till remedy is entire, and looking to settle a case at that point could be promoting it brief. For example, if accidents motive you to be out of work for a year and a half of, your case can not be settled for at least a year and a half (assuming there’s ample coverage coverage.) On the opposite hand, a case with minor accidents that requires little treatment may be settled sooner, but will not yield as high a settlement. The essential element to invite an legal professional is the purpose why the case is taking anything time it’s taking – you should make sure it’s not just sitting in the record cupboard because they may be too busy with different cases.


Some coverage agencies have a policy of trying to make honest settlements quick. They have a team of claims representatives that comply with up on their caseloads and answer calls from legal professionals. You can ship them a medical package which they will evaluation in a timely way after which they’ll make a suggestion in a reasonable quantity of time. If the offer isn’t always applicable, a lawsuit may be began. There genuinely are organizations this suitable – one of the first-class has some funny animal classified ads.

Other insurance agencies do not want to settle instances. They have few claims reps and that they do not trouble to go back calls. They ask for 60 days to review clinical facts. They make lousy offers to settle cases. Attorneys understand which businesses those are and recognize that lengthy litigation goes to be important. Some legal professionals might not even be given cases if they recognise they’re with positive insurance corporations! If your case takes a long term because it’s with in opposition to an coverage agency that does not actively settle instances, it is not your lawyer’s fault. It does not rely is your Aunt Jean were given quite a few cash clearly fast with a case against a “right” insurance organization.


If you’ve got a police report that shows says you were hit in the rear by way of a under the influence of alcohol driving force that changed into texting, there will probably be no dispute about legal responsibility. This hurries up the case as the simplest discussion is “damages.” On the opposite hand, if the other man went via a mild, but is claiming that you went via the mild, it might be vital to litigate the case via depositions before being able to settle it. This is irritating whilst you saw the other man undergo the mild, however that’s what courts and judges are for. Depositions cannot be held till both aspects have exchanged files and after several conferences in court docket. This case is not going to be short to get full cost.

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If you treat with extraordinary scientific carriers which might be informed about the way to produce reviews for coincidence cases that is helpful for a quicker settlement. Medical reviews which might be scribbled and now not comprehensive supply claims adjusters little to “hang their hats” on when asking for “authority” to put money for your claim. That’s while an coverage company might also want widespread litigation in case you are looking for a huge settlement. They will need to listen your testify in a deposition and ship you to their docs for an exam. Good excellent medical reviews will speed up a agreement.


Assuming there’s insurance, it will take time to accumulate to an incredible settlement amount on a critical case. This is the kind of case in which prolonged litigation can improve the final settlement. You need the coverage organisation to recognise which you are willing to go to trial in the event that they do not provide you with sufficient cash. Even even though maximum cases are finally settled, with very critical accidents you need to put together the case for trial, even settle on the eve of trial. This can take years, but it’s worth it.


Auto coincidence instances have a “critical damage threshold” that have to be met. With smaller instances, it is crucial that there is at least enough treatment to satisfy this threshold, which regularly manner treatment for a minimum of 3 months. Other kinds of instances do not have this threshold. For instance, if you fall in a supermarket and go to the physician and have a sprained ankle that heals speedy, your case is probably settled in no time. A meals poisoning case can be quick due to the fact there may be little treatment once the hassle subsides. Product liability and malpractice cases will constantly take a long time as experts need to be employed and complex investigations have to be done.

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The coverage agency denies price for your surgical treatment as now not “medically essential,” and the physician arbitrates this denial. It can take over a yr to get a decision. It is prudent to await the selection because the surgical procedure is an critical a part of the damages to your case and having an arbitration selection that it became certainly medically important is important for your case.

The insurance agency transfers your claim to a brand new claims rep who must now evaluate your entire file from scratch. This can add months to the time it takes to settle the case. The insurance adjuster goes on an prolonged holiday or family leave and there may be nobody to discuss your claim. Of direction, the litigation can keep, but the case can’t be settled until there is a claims rep to talk about it with.

There are many motives why cases make an effort they do to settle. The maximum crucial component to keep in mind is that it is your lawyer’s job to provide an explanation for why YOUR case is taking the time it is taking. If you are inside the dark, you do not have the proper lawyer. If your attorney cannot completely give an explanation for why your case is taking so long, recall converting attorneys.

If your case is taking a totally long time and your attorney cannot give an explanation for why, you might want to bear in mind changing lawyers. Your file will be sitting within the cupboard or there might be an awesome clarification. You are entitled to recognize what the popularity of your case is!

At Wittenstein & Wittenstein we have been devoted to imparting clear motives to clients about their instances. We solution your questions and go back your calls. We remember it our duty to give an explanation for everything definitely to our clients.

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