Some cases settle relatively quickly, while some take years to settle. Oftentimes, there is no settlement at all after years of litigation and the case must be decided in court by either a judge or jury. The bottom line: there is no way to predict how long your case will take to resolve, assuming it even does resolve.
Here is a great article on why, and how, there are so many delays with personal injury cases, from the National Association of Personal Injury Lawyers wesbite:
"In this article, I will attempt to pin down the inherent causes of the anxiety and impatience some people feel when their personal injury case seems to drag on forever, with no clear resolution in site. Personal injury litigation can sometimes take years, with little hope in sight, at times, of seeing any substantial reward. But that's no reason to lose hope, as with a little perseverence and the law (and a good personal injury lawyer) on your side, justice isn' so far-fetched an idea after all.
It's very common to be upset at your lawyer after your personal injury lawsuit is filed, due to such a long time passing between the time the lawsuit commences and any settlement or trial. In most states, the other party's insurance company owes you no duty to settle quickly. Your case can be settled before trial, or consequently drag on long after the trial is over. The insurance company knows you're in a hurry to settle your case, and uses this fact to try to get you to settle for less. Here's a partial list of some of the things that can happen to slow down your case: Discovery This is the insurance company's opportunity to "discover" everything about you and the accident. You'll get lots of written questions to answer under oath. You'll have to produce documents and medical records, plus admit or deny specific written statements put to you.
You and your lawyer will need to gather up all the medical records, bills and other documentation of your injuries. Some of these must be obtained in a specific way to make them admissible at trial. You'll likely to be subjected to grilling over the smallest of details. Motion Hearings The insurance company lawyers may have what feels like an endless capacity to file motions and go to hearings on motions. Some of these motions are unimportant to you, but some may be critical to your case. Mediation Many courts are forcing lawyers to mediate or arbitrate cases prior to trial. Some courts won't even give you a trial date until you do so.
Mediation is typically a settlement conference without the formalities of court. A neutral party will try to help the parties reach a middle ground. It's not usually "binding" - meaning the parties are stuck with the result - unless the parties reach an agreement and write up a settlement agreement. Arbitration is a different breed altogether. It's often a binding "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. Trial If your case doesn't settle, it must go to trial, where six or twelve strangers will decide what your injury is worth.
Trials are scheduled on the court's schedule, not the lawyers' schedule. This means cases sometimes 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 is not uncommon. And once you have a trial, your case may not terminate.
There may be an appeal as well as further motions and hearings to deal with. Collection Issues You may experience difficulty collecting from the insurance company or the person responsible for your injury. The insurance lawyer will have to have a check or draft issued by the company. And before they send you your money, you will be required to sign a release document and file some sort of dismissal motion. Settlements after litigation can be very disappointing after spending years battling in the courts to get what's rightfully yours. Sometimes it is better to settle before trial for a certain amount, rather than to go through the process and end up with a small settlement or perhaps a bad result at trial. The main thing is to hang in there, and try to find the most competent personal injury lawyer possible for your case. They will know what the best course of action is."
This is actually not surprising. This claim can take years. In my case, my client stopped complaining about it after several explanations that this thing will really take time.
Posted by: Tampa bay lawyers | January 13, 2010 at 07:56 AM
I was wondering if claiming takes the same time in the US as it does in the UK. A friend of mine reccommended this site: www.mypersonalinjuryspecialists.com as a place to find some decent information regarding personal injury.
Posted by: Roy | March 07, 2010 at 02:41 PM
I was wondering if claiming takes the same time in the US as it does in the UK. A friend of mine reccommended this site: www.mypersonalinjuryspecialists.com as a place to find some decent information regarding personal injury.
Posted by: Roy | March 22, 2010 at 06:17 PM
There are many factors. It maybe because of the relationship of the lawyer and client. Documents may also cause delay. Jury are also a factor. If their decision is not decided quickly or if there are many cases running on the same court.
-craig
Posted by: car accident lawyer west palm beach | April 14, 2010 at 01:11 PM
Russia - because the Council had committed a manifest error of assessment in the description of injury suffered by the Community industry.
Posted by: malpais beach costa rica | May 25, 2010 at 06:40 PM
Hi all
This is very nice information about injury claim.
Posted by: kaylee | September 16, 2010 at 01:57 AM
hello sir,
Great and informative article.I like your advise for claiming whiplash injury compensation.
I want to know that if injured person has not hospitalized ...how he will get how much for whiplash?
Posted by: how much for whiplash | September 30, 2010 at 06:36 AM
well why not? is you suffer a accident you can be treat like job injury, this is not part of the life insurance, well I mean if you suffer a personal accident in a not work day is like if suffered in your job.
Posted by: Generic Viagra Blog | October 08, 2010 at 12:48 PM
Hi
last month i got injury in my office.When i claim for injury compensation then they denied.Some people advised me to go to court.But i think if i go to court then my employer will fire me.What can i do now?
Posted by: claims for injuries personal injury court | October 22, 2010 at 05:31 AM
I know some cases settle relatively quickly & some of them take years to settle. To settle your case easily & in short time discuss your case with an experienced personal injury solicitor & get free advise from them. & get your compensation easily.
Posted by: Construction Injury Claim | October 26, 2010 at 05:42 AM
Obviously, your first thinking it going to the immediate medical care that you need & so doctor will at top of your list of people to get in touch with. Right below them, however, should be expert personal injury claims solicitor.
Posted by: no win no fee | November 09, 2010 at 03:41 AM
Most of the people don't want to become part of long drawn out and expensive litigation process but most of us can't afford to lose wages because injured to work or have medical bills that quickly become as high as the national department.
Posted by: Compensation Claims | November 09, 2010 at 05:03 AM
Thanks for providing info regarding personal injury claims. It seems that jury selection and scheduling can significantly delay the court case. Good read.
Posted by: Dutchess County Attorney | November 18, 2010 at 04:22 PM
Personal injury claims are made the when a person suffers injury from another the person, object, or company. The injury the can be physical, emotional or financial.Then only thing is that,it has be proved. Personal injuries may include slip and fall injuries, nursing home abuse,the car accidents,the defective product injury.
Posted by: no win no fee | November 22, 2010 at 02:33 AM
Hi All,
This is a nice posting - you have personal injury claims is informative blog
Thank you
Posted by: Jhon Fara | December 13, 2010 at 01:19 AM
Most personal injury claims are clear cut and due to the negligence of an employer, a reckless road user, a public servant, or other party. Claims for personal injuries have to prove that you did indeed suffer an injury of some kind, and that those injuries are directly attributable to a lack of care by somebody else.
Posted by: Personal Injuries Claims | December 14, 2010 at 02:46 AM
If you have been injured in an accident for which you were not to blame, and would like advice about personal injury litigation before making a claim for personal injury compensation, you are invited to call our free personal injury litigation advice service on . You will be able to discuss your claim for personal injury compensation with an experienced solicitor and receive accurate and valuable information about your entitlement
Posted by: Personal Injury Litigation | February 14, 2011 at 04:42 AM
When a person has sustained injury, there may be a need to gather more evidence in support of out-of- pocket expenses or for a more detailed medical examination. The average man in the street is not aware of the complexity of a personal injury assessment and how both evidence and the presentation of it can help his case.
Posted by: personal injury claim | February 22, 2011 at 02:10 AM
If you have suffered a personal injury claim accident in Ireland, please make sure you receive medical advice without delay.
Posted by: Personal injury Ireland | February 28, 2011 at 11:35 AM
hello all of you. This is a good and full of knowledge.I like it so much.There are many case which are pending from many year. I Just wants to know what is the main region behind this?
thanks,
Posted by: personal injuries | March 28, 2011 at 06:58 AM
accidents leads to the injury and due to injury we can suffer a great loss. and we can claim compensation for injury if we are not at fault
Posted by: personal injury compensation | April 07, 2011 at 12:09 AM
Hey,
Thanks! Great post you have written on "Why Personal Injury Claims Can Take Forever to Resolve". Really I can say that your post is very informative, I'll come across your blog again when you will update it with new.
Thanks,
David Bailey
http://www.jrlaw.org/
Posted by: David Bailey | April 08, 2011 at 08:11 AM
whiplash compensation can help us to get compensation in time so that we can get our proper money in time.
Posted by: whiplash compensation | April 12, 2011 at 12:24 AM
Personal injury lawyer plays a very important role during personal injury claim, so it is very important to choose a good personal attorney.
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