Some of the reasons why personal injury lawsuits are taking longer are increased use of expert witnesses, more complex medical evidence presented, court backlog, and resource constraints.
If you or someone you know has been involved in a personal injury lawsuit recently, you might have noticed that the legal process timeline has really expanded in recent times. It feels like personal injury settlement times are much longer than they were in the past. This is the case not only in America, but also in Mexico, Canada, and other parts of the world.
Many people have been asking the same question worldwide: "Are personal injury lawsuits taking longer to settle?" The answer is a vehement yes.
There are many reasons for this. Knowing more about these reasons will help you set reasonable expectations for the time it takes to settle your lawsuit and prepare you for all injury claim delays.
More Complex Medical Evidence Needs Review
Medical records are a big part of personal injury lawsuits. In the past, the legal cases might have been simpler and easier to document and review, especially with regard to their medical evidence.
But nowadays, medical documentation has become more detailed and more complex, with specialist reports, diagnostic imaging, and extensive treatments. Lawyers and insurance companies often need more time to gather, review, and understand these records.
When cases become more complicated, more expert medical witnesses are gathered and consulted, which all adds time to the personal injury lawsuit.
Increased Use of Expert Witnesses
Expert witnesses, such as medical professionals, accident reconstruction specialists, and life care planners, are more common now than ever before.
For example, an accident reconstructionist would analyze the collision's cause and contributing factors. They would do this by examining the crash scene, especially skid marks, road conditions, and debris. They would also measure vehicle damage for both parties.
All of this takes time to set up and to document.
Insurance Companies Are More Cautious
America has become very litigious. For example, 3.3 tort suits for every 1000 inhabitants are filed in the US as compared to 1.2 in the UK.
This becomes quite expensive for insurance companies.
They are handling a higher volume of cases, and this, in turn, is making them even more cautious. Instead of offering quick settlements, adjusters may delay negotiations to analyze liability, minimize payouts, or wait for your symptoms to stabilize before determining a final settlement amount.
Court Backlog and Resource Constraint
If your lawsuit has to go through court proceedings, it has to deal with court backlogs, which are heavier than ever. There are still case backlogs due to the pandemic closures and staffing shortages, which are causing everyone's cases to take longer.
When your case requires a hearing or trial date, the crowded docket can push deadlines back months or even years. Your Paul da Costa personal injury lawyer will keep you informed on these matters, so keep in touch with them.
More Thorough Investigation Practices
Before settlement, both sides do their own investigation into the case. This involves:
- Interviewing witnesses
- Reviewing security video footage
- Analyzing police reports
- Consulting with experts
- Gathering medical records from multiple providers
As you can imagine, all of these steps on both sides take time and add to the legal process timeline. Modern standards need to be more stringent so that they can avoid disputes later.
Cases Involving Multiple Parties Or Complex Liability
Many more cases nowadays have more than one party involved, which is making determining liability in such cases much more difficult and complicated. Some examples of such cases are:
- Multi-vehicle accidents
- Property owners and maintenance companies
- Product manufacturers in product liability cases
- Employers in workplace injury claims
When multiple parties are involved, investigations take longer to finish, and evidence takes longer to gather. The complexity rises greatly with each new party added.
Changing Legal Standards And Regulations
Laws and standards around personal injury lawsuits are constantly changing. That's a good thing in one way, but it does add to the injury claim delays.
Changes to the following can influence negotiation strategies and legal procedures, sometimes leading to longer settlements.
- Evidence rules
- Statutes of limitations
- Damages caps
- Tort reform policies
Frequently Asked Questions
What Does "Taking Longer" Really Mean?
All in all, you might be wondering how this "taking longer" business affects your personal injury lawsuit. The good thing to know is that the cases are not stagnating at all. They aren't stalled forever.
The additional time, in many cases, is actually a boon to your case, since it means the evidence gathered is examined more carefully, and this protects your right and gives you a fairer judgment.
You don't ever want a rushed or premature settlement. This is because you might end up in a situation where you aren't adequately compensated for future medical needs, long-term disability, and pain and suffering.
Your lawyer is informed on these matters, more so than you are. So keep in touch with them and ask them questions about the process, so you don't feel like you are being left behind.
How Can Defendants Prepare for Longer Legal Battles?
The main thing any personal injury lawyer will tell you is to stay patient. This is a marathon, not a sprint.
The more patience you can display, the easier the process will be for you and your mental health. It's also a matter of getting the right compensation for yourself and your family's future. You can't rush this important measure.
Also, follow your lawyer's advice to a T. Trust that they know what they are talking about and don't doubt their advice to you.
Personal Injury Lawsuits Are Taking Longer, But That's Not a Negative
Yes, personal injury lawsuits are taking longer than they did before to settle, but that's actually a positive in many ways. Don't take things personally, and realize that everyone in the court system is dealing with similar delays.
If you wish to learn more about the legal system, please read related articles on our website.
This article was prepared by an independent contributor and helps us continue to deliver quality news and information.