Suffering an injury due to someone else’s negligence is frustrating, and a lengthy legal process can add to that frustration. Unfortunately, many personal injury claims—whether from car accidents, slip and falls, construction accidents, or workplace injuries—face unexpected personal injury case delays.

Common Reasons for Delays in Personal Injury Lawsuits

While some delays are valid, others are tactics used by insurance companies or at-fault parties to minimize their liability. Understanding these potential roadblocks can help you manage expectations and prepare for a smooth personal injury process.

1. Liability Disputes Can Stall Your Claim

Determining who is at fault in a personal injury case is not always straightforward, and liability disputes are one of the most common causes of case delays. Insurance companies and at-fault parties may deny responsibility, arguing that the victim contributed to the accident or that another party should be held accountable. For example, in car accident cases, multiple drivers may be involved, and insurers may attempt to shift blame to avoid liability. Similarly, in slip and fall cases, property owners might argue that the victim was negligent, failing to exercise reasonable caution. Without clear and compelling evidence, the claim may be stalled as both sides argue over responsibility.

To overcome liability disputes and move the case forward, a thorough investigation is essential. A personal injury attorney will work to collect accident reports, surveillance footage, witness statements, and expert testimony to establish fault. In some cases, attorneys may need to consult accident reconstruction specialists or medical experts to provide professional opinions on how the incident occurred and the extent of the injuries sustained. While gathering this critical evidence takes time, it significantly strengthens the case and improves the chances of securing fair compensation without unnecessary delays.

2. Insurers Often Delay Paying Out Settlements

Insurance companies prioritize profit over payouts, often employing delay tactics to avoid paying victims the compensation they deserve. One common strategy is to dispute medical records, claiming that the injuries were pre-existing or less severe than reported. Adjusters may also question the necessity of treatments, forcing victims to provide excessive documentation to justify their medical expenses. In some cases, insurance providers may simply ignore communication, failing to return calls or emails to wear down claimants and pressure them into accepting lowball settlement offers.

These delay tactics are designed to make victims desperate for a quick resolution, hoping they will accept a reduced payout rather than endure a prolonged legal battle. However, an experienced personal injury lawyer can counter these strategies by aggressively negotiating with the insurance company, ensuring that the necessary medical documentation is provided, and escalating the case to litigation if the insurer refuses to act in good faith. While this negotiation process may add time to the claim, it ultimately ensures that victims receive full compensation for their injuries rather than settling for less than they deserve.

3. Some Personal Injury Cases Go to Trial

While most personal injury cases are settled outside of court, there are instances where litigation is unavoidable. If an insurance company refuses to offer a fair personal injury settlement, filing a lawsuit becomes necessary to seek compensation through the legal system. The litigation process begins with filing a complaint, followed by serving legal notices to the defendant and awaiting their response. After this, both sides enter discovery, where evidence is exchanged, witnesses are deposed, and expert testimony is gathered. These steps can take months or even years, especially if the opposing party uses delay tactics such as refusing to cooperate or filing unnecessary motions.

Court backlogs and scheduling conflicts can further extend the personal injury lawsuit and trial timeline. If the case involves large corporations, trucking companies, or hospitals, they may use legal teams to slow down proceedings to frustrate the plaintiff into dropping the case or settling for less. Having a seasoned trial attorney is crucial in these situations, as they can navigate the complexities of the court system, push for faster hearings, and ensure the case progresses efficiently toward a resolution. While going to trial takes time, it may be the best course of action to secure full and fair compensation for your injuries.

4. Medical Complexities Can Extend the Timeline

Medical documentation is one of the most critical aspects of a personal injury case, and insurers often require comprehensive evaluations before agreeing to a settlement. If your injuries are severe or long-term, the insurance company may demand multiple medical opinions to determine the full extent of your damages. This is especially common in cases involving traumatic brain injuries, spinal cord damage, or chronic pain conditions, where the long-term impact on a victim’s life is uncertain. Insurers may also delay settlements until they have proof of maximum medical improvement (MMI), meaning the victim has reached a stable condition where no further significant recovery is expected.

These medical evaluations can be time-consuming, as they often require specialist visits, diagnostic tests, and treatment plans that take weeks or months to complete. Additionally, if future medical expenses or rehabilitation costs are disputed, attorneys may need to work with medical experts to document ongoing care needs, further extending the process. While these delays can be frustrating, they are necessary to ensure fair compensation. Settling too early could leave a victim without enough financial support for future medical needs, so patience during this phase can lead to a more favorable outcome.

5. Unresponsive or Ineffective Legal Representation

A personal injury attorney plays a vital role in keeping a case on track, and if they fail to communicate, strategize, or advocate effectively, it can cause unnecessary delays. Some attorneys take on too many cases, leading to slow response times, missed deadlines, and a lack of attention to detail. Others may lack experience in complex injury claims, causing them to struggle with negotiations or fail to push back against insurance company delay tactics. If an attorney does not aggressively pursue evidence, properly handle legal filings, or provide regular case updates, the victim may feel left in the dark and unsure of their claim’s progress.

If you believe your lawyer is delaying your case, you have the right to seek new representation.

Warning signs that it may be time to switch attorneys include inconsistent communication, vague answers about case progress, and repeated missed deadlines. Seeking a second opinion from another personal injury lawyer can provide clarity on whether your case is being handled properly or if a new attorney could move things forward more efficiently. While changing legal representation may cause a short-term delay, it can prevent long-term setbacks and ultimately lead to a stronger case outcome.

How Long Should a Personal Injury Case Take to Settle?

The timeline for settling a personal injury case varies based on the specific circumstances of the claim. While some injury cases resolve in a matter of months, others can take years, depending on factors such as liability disputes, medical treatment duration, negotiations with insurance companies, and the potential need for litigation.

On average, most personal injury claims settle within 6 to 18 months, but cases that go to trial or involve complex injuries may take much longer.

Several key factors influence the duration of your personal injury case:

  • Severity of Injuries: Cases involving minor injuries may settle faster, while those with severe, long-term, or permanent disabilities take longer, as medical professionals must assess the full extent of damages. Insurance companies often wait until a victim reaches maximum medical improvement (MMI) before finalizing a settlement, ensuring that all future medical expenses are accounted for.
  • Liability Disputes: If the at-fault party denies responsibility, or if there are multiple defendants involved, proving negligence can take months or even years.
  • Insurance Company Tactics: Insurance adjusters may use delay strategies to avoid paying a fair settlement, such as disputing medical records, requesting unnecessary documentation, or making lowball offers that require extended negotiations.
  • Court Backlogs & Trial Proceedings: If negotiations fail and the case proceeds to trial, scheduling conflicts, court backlogs, and procedural delays can significantly extend the timeline.

Regardless of how long your case takes, working with an experienced NYC personal injury lawyer ensures that no shortcuts are taken and that you receive the maximum compensation possible for your injuries.

While a faster settlement might seem appealing, it is crucial to wait for a fair and full outcome rather than rushing into an agreement that fails to cover long-term medical costs, lost wages, and pain and suffering. A dedicated attorney will fight against unnecessary delays, negotiate aggressively, and guide you through the process while keeping your best interests at the forefront.

What Can You Do If Your Personal Injury Case Is Delayed?

Delays in a personal injury case can be frustrating, but there are steps you can take to keep your claim moving forward. Staying in regular contact with your attorney ensures that your case remains a priority and that you’re informed about its progress. You can also help prevent unnecessary delays by gathering and submitting all necessary documents promptly, as missing paperwork is a common cause of slowdowns.

While some delays, such as court scheduling or medical evaluations, are unavoidable, it’s essential to remain patient yet persistent to ensure you receive full and fair compensation. However, if you feel that your attorney is not effectively handling your case, seeking a second opinion from another personal injury lawyer can help you determine whether switching representation is in your best interest. At Hecht, Kleeger & Damashek, P.C., we fight against unnecessary delays to help clients secure the compensation they deserve.

Looking for Personal Injury Legal Advice in NYC? Call HKD

At Hecht, Kleeger & Damashek, P.C., our team has a proven record of winning substantial settlements and verdicts for accident victims throughout New York City. Whether you’ve suffered injuries in a car wreck, construction site incident, or slip and fall, we’re here to guide you and ensure insurance companies or their legal teams don’t delay or undervalue your claim.

Schedule a Free Personal Injury Case Review

If your personal injury case is taking too long, or if you’re concerned about how your claim is being handled, let our experienced NYC personal injury attorneys take over and fight for the maximum compensation you deserve. Your initial consultation is free, and we work on a contingency basis—meaning there’s no fee unless we win.

Call (212) 490-5700. or submit a request online.

 

Contact Hecht, Kleeger & Damashek, Personal Injury Lawyers

Located in Midtown-Manhattan, Hecht, Kleeger & Damashek is an experienced group of injury lawyers helping injury victims in Manhattan and throughout NYC. To talk with our top-rated New York City personal injury lawyers about your options, submit your information through our online form to request a free initial consultation.

We offer free case evaluations and no up-front fees. You only pay us if we recover compensation.

Call HKD Today

212-490-5700

Request A Free Consultation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.