Legal Advice

Why Your Personal Injury Case Is Taking Too Long

By: Karen Nodalo

Being disturbed is never new to someone who has become aggravated and dissatisfied in something. This is also factual after you file your personal injury lawsuit; you will be disappointed at your lawyer because such a long time passes between the time the lawsuit has started and any settlement or trial. In most states, the other person's insurance company owes you no duty to settle quickly. Your case can be settled before trial or drag on long after the trial is over.

There are quite a few things that can slow down your personal injury case. One is detection - where the insurance company is appropriate to discover everything about you and the accident. You and your lawyer will need to get together all the medical records, bills and other certification of your injuries. Some of these must be obtained in a precise way to make them permissible at trial. This often takes instance and money.

Next are depositions - where the insurance company's lawyer will ask you in great aspect about your injuries, your medical history, the accident itself, and your behavior. You'll likely to be subjected to grilling over the smallest of details. Then, you have motion hearings - where the insurance company lawyers may have what feels like an endless capacity to file motions and go to hearings on motions.

In addition, intervention is one more factor that slows down your case. Many courts are forcing lawyers to arbitrate or adjudicate cases prior to trial. Mediation is normally a settlement conference without the official procedure of court. Arbitration is a different breed, however. It's often an obligatory "mini-trial" of the case in front of an arbitrator or panel of judges who listen to an informal presentation of the matters involved in your case. We also have trials which are planned on the court's schedule, not the lawyers' schedule. Cases from time to time take years to be scheduled for trial, especially in some major urban areas. Having a case that is two or three years old before going to trial isn't unusual.

Finally, compilation of issues is the last. You may also have complexity collecting from the insurance company or the person accountable for your injury. The insurance lawyer will have to have a check or outline issued by the company. And before they send you money, you will be compulsory to sign a release document and file some sort of notice motion. These things also postpone the payment.

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This article was posted on February 06, 2006