When someone is injured due to another person’s negligence, they typically want justice and compensation quickly. However, personal injury cases often don’t move as fast as people expect. Several factors can delay a settlement or court judgment, some of which are beyond the control of the person filing the claim. If you’re working with an experienced Durham car accident lawyer, they can help you understand these delays and work to reduce them where possible.
Complexity of the Case
Not all injury cases are straightforward. Some involve multiple parties, extensive property damage, or complicated liability issues. For example, if more than one driver may have been at fault or if the accident involved a commercial vehicle, the case can quickly become more complex. Each new layer adds time, more investigations, more paperwork, and often more legal arguments. This is especially true if the insurance companies involved dispute who was at fault.
Severity of the Injuries
The extent and long-term impact of injuries play a significant role in determining how quickly a case progresses. For instance, a broken arm with a clear recovery timeline is easier to value than a traumatic brain injury that might affect someone’s ability to work or care for themselves long-term. Attorneys often wait until the injured person reaches maximum medical improvement (MMI) before finalizing a settlement demand. MMI is the point at which a patient’s condition has stabilized and further improvement is unlikely to occur. Waiting for MMI ensures a fair assessment of future medical needs and associated costs, but it does slow down the process.
Insurance Company Tactics
Insurance companies are businesses, and their goal is often to pay out as little as possible. In some cases, they may intentionally delay proceedings, request excessive documentation, or outright reject claims, hoping that the injured party will settle for less. These tactics can draw out the resolution of an injury case, especially if negotiations break down and the case must proceed to trial.
According to the Insurance Information Institute, insurance claims can take months or even years to resolve if disputes arise over fault, damages, or coverage limits.
Backlogged Court Systems
If a settlement cannot be reached and the case goes to trial, it can take significantly longer due to overloaded court dockets. Many jurisdictions experience backlogs that push trial dates months or sometimes years into the future. While alternative dispute resolution methods, such as mediation or arbitration, may expedite the process, they are not always suitable or effective.
Disagreements Over Compensation
Even when the fault is apparent, the parties involved may not agree on what the injured person is owed. Medical bills, lost wages, pain and suffering, and long-term care costs can be challenging to quantify and even more complex to agree upon. If there’s a wide gap between what the victim demands and what the insurer offers, this can lead to lengthy negotiations. The role of a Durham car accident lawyer becomes crucial here, as they possess the necessary negotiation skills and legal expertise to advocate for fair compensation.
Expert Involvement and Evidence Collection
Many cases rely on expert testimony or specialized evidence such as accident reconstruction, medical opinions, or financial forecasts. These experts must be identified, hired, and scheduled, all of which takes time. In addition, gathering sufficient evidence, surveillance footage, witness statements, police reports, and medical records can delay proceedings, particularly if the evidence is incomplete or contested.
Collecting comprehensive medical documentation and expert analysis can significantly extend timelines in legal cases involving injury.
Willingness to Settle
Sometimes, a case drags on simply because one or both parties are unwilling to compromise. While a trial may seem like the best path to obtaining full compensation, it also comes with risks and delays. Settlement negotiations, while time-consuming, often result in faster payouts than courtroom battles. A seasoned attorney will balance the benefits of settling against the risks of trial, always prioritizing the client’s best interest.
Conclusion
Delays in injury case resolutions can be frustrating, especially when bills are mounting and recovery is ongoing. However, many of these delays are rooted in valid legal and medical concerns that ensure a just outcome. Working with a trusted Durham car accident lawyer can make the process smoother by managing timelines, handling negotiations, and pushing for a resolution that genuinely reflects the damage suffered. While no one wants their case to drag on, taking the time to do it right is often what leads to a fair result.
