Why does my case take so long?

We’re often asked why a case takes as long as it does. Legal cases and particularly personal injury claims can be very complex. There are time limits involved both in filing the case is well as case management orders from the judge after the case has been filed. But it can seem like a case can take forever.

Keep in mind you as the claimant or the plaintiff in a personal injury case do not want your case to settle until you fully know the nature and extent of your damages. This means that you want to make sure that all your medical treatment is complete, that you have the final records and documents from the physicians, and all your questions concerning what the future may hold as it relates to medical treatment have been answered.

The insurance company would like to get a quick, easy, and small settlement. They want your signature on the release of liability form so the case can be closed out and they can move on to other items. You want to make sure that when you do something in the case that is it is inclusive of all the elements of damage that you have had because once you settle that is the end. It is not like a Worker’s Compensation claim where you may reserve the right to reopen the case down the road. In a personal injury case once the case is settled either by agreement of the parties or by a jury verdict the case settlement is final. That means that will be no additional payments and the figure awarded cannot be increased at a later time.

Although the attorney will have tasks to do throughout it will appear that the case takes a long time. At first the attorney will conduct his investigation. After the medical treatment is complete he will gather all the medical records and bills. And then he will review the same to see if you need an independent medical exam for additional questions answered by the doctors for the treating medical providers. After the records are obtained and evaluated the lawyer will meet with you to come up with a settlement value for your case.

After that the settlement letter is prepared which is often a fairly lengthy document. It takes more time to prepare because this document will outline to the insurance adjuster the basis for the claim and why we believe you’ll win it should the matter go to trial. It also includes a detailed summary of all the medical records highlighting those items that are most favorable to your claim. The actual negotiations may take more time because the insurance company must meet with any settlement committee and review the documents after they’re submitted. Then there will be offers and counter offers and negotiations by both parties which may also take an extensive amount of time to conclude. Sometimes there is a mediation before a lawsuit is filed.

After the petition has been filed , the court will issue what’s called a case management order which sets out certain deadlines for the lawyers to complete certain tasks. The case would then be in what’s called the discovery stage where each party will answer written questions and respond to requests for production of documents. Usually in the case at some point the attorneys will take verbal testimony from witnesses and the parties in the form of depositions. Depositions are statements made by the witnesses under oath typed up and used to trial at a later time. After this discovery, the judge will set the matter for what’s called a final pretrial conference where for the first time the judge will review the merits . Sometimes a motion for summary judgment will be filed which asked the judge to decide without the benefit of going to full trial. All parties must file extensive memorandums and statements of fact concerning the issues involved in various motions for summary judgment or motions to dismiss. The judge will take his time in deciding these motions. That’s exactly the way you would want it to be because you want to make sure the judge fully understands both the case and the law in order to make the proper decision in your claim. If all the motions do not dispose of the case the judge can order the matter to go to mediation or trial or both.

A mediator is an outside individual not the judge in your case who will sit down with the parties and help parties facilitate a settlement if that is possible. These mediations typically will last at least a day and sometimes more. To prepare for mediation the lawyers will send the mediator an extensive memorandum in brief outlining all the points of law in your favor and the summary of the personal injury and damages you suffered.

And if the case is not settled then the judge will set it for jury trial. A jury trial can last anywhere from a week to two weeks and the lawyer will spend at least two days outside of court room preparing for everyday day in the court. He will have to prepare you to testify and all the witnesses and reviewing all the case evidence and preparing to present those to the jury in a light most favorable to you.

Then if the jury verdict is not in your favor you file an appeal or perhaps other party will file an appeal. When the briefs are submitted to the Court of Appeals the court will then asked for oral argument and will consider the case. This process itself could take several months to a year as the judges work through the details . As Sun Tzu  said, the “wheels of justice grind slow but grind fine”