Why Does My Personal Injury Lawsuit Keep Getting Delayed?
If you have filed a personal injury lawsuit, you may become frustrated with how long the process seems to be taking. This is especially true if you are in immediate need of compensation for required medical treatment. The following article will discuss some of the most common reasons why your lawsuit could be taking longer than expected.
What are some common reasons for delay?
There are various reasons why a personal injury lawsuit might be delayed, some of which include the following:
- Delays in medical treatment: Plaintiffs in personal injury suits are typically alleging that the conduct of someone else resulted in them suffering physical injuries. Because most of the awards in these kinds of cases are awarded to compensate for these injuries, this means that the full extent of the plaintiff’s injuries must first be determined. Additionally, before a plaintiff can be awarded proper compensation for her injuries, her physician must either indicate that her injuries are healed or that she has reached the point of maximum medical improvement (MMI). As such, the time that it takes for the injury to heal or for a person to reach her MMI level can delay a personal injury lawsuit.
- Insurance company processing delays: If an injured plaintiff is seeking a large amount of compensation, insurance companies may purposely delay the processing of the case in court. One reason this occurs is because when a plaintiff seeks a large amount of compensation, insurance companies will ensure that they thoroughly review every detail of your claim to prevent having to unnecessarily pay such a large amount. Another reason why this occurs is because these companies hope that by continually delaying a case, the plaintiff will become impatient and choose to settle for a lower amount than he is seeking in court.
- Lack of cooperation: In some cases, the defendant and their insurance company may purposely attempt to delay the case so that the plaintiff will eventually just decide to settle. One of the tactics that the defendant may refuse to cooperate in the case. For example, defendants may purposely choose not to respond to requests for information or document production. These defendants may also make false claims against the plaintiff that require the plaintiff to spend more time defending these claims than actually addressing the defendant’s culpability. This tactic could likely cause major delays in the case.
- Typical trial delays: Most personal injury cases are resolved outside of the courtroom. Just like any other civil trial, a personal injury trial can be a very long, expensive, and unpredictable process. A personal injury trial can take months or even years to resolve, which is why these types of cases rarely go to trial.
Are You Experiencing Difficulty in Filing a Personal Injury Lawsuit? Schedule a Free Consultation with a Miami Attorney
If you are having issues filing a personal injury lawsuit, Pita Weber Del Prado, is here to help. Our firm has extensive experience in litigating personal injury claims and we are prepared to assist you throughout the process. Call us today at 305-670-2889 or use our online form to speak with one of our knowledgeable Miami personal injury attorneys.