August 23, 2023

What Could Delay a Personal Injury Case?

Posted in Personal Injury

An injury is frustrating enough, but a drawn-out personal injury case can be downright infuriating. Unfortunately, it’s common for victims of slip and falls, car crashes, construction accidents, and other personal injury accidents to find their cases take longer than expected.

Reasons for Delayed Personal Injury Cases in New York

There are many reasons for delaying a claim or lawsuit. Many are valid, while others are no excuse. Here are some of the most common reasons why a personal injury case could take longer:

Liability Disputes

Debates over liability can extend a personal injury case. Sometimes the liable party isn’t obvious, or they refuse to admit their role in your injuries. When this occurs, you may struggle to prove negligence and establish liability without large amounts of evidence.

Your attorney will gather as much information as possible to supplement your case, but this can take time and lead to a delay. However, without this crucial evidence, you risk losing compensation. You deserve to hold the responsible party liable for your damages—so any wait should be worth it.

Insurance Issues

Insurance can pose multiple problems in a personal injury case and draw the process out. Insurance companies often want to pay injury victims as little as possible, so they may practice in bad faith, pressure you to accept a low offer, and ignore your needs and requests. They may deny your claim or, in some cases, deny that you’ve even been injured.

Having an aggressive and experienced attorney on your side can protect you from these tactics. Their negotiation with an unreasonable insurance company might delay your case, but it could mean the difference. Your lawyer should remain diligent and refuse to accept less than you deserve.

Your Case Goes to Trial

If trial is necessary, your attorney will file a complaint, serve papers to the defendant, and wait for a response before the discovery stage begins.

Even after the initial steps, your case could experience delays for many reasons. For example, key witnesses may be unresponsive to your attempts at contacting them.

Suppose a large business (such as a trucking company or store chain) is responsible for your injuries. In that case, they may use tactics to avoid handing over discovery that would harm their reputation. Additionally, the defendant of your personal injury trial may be uncooperative, refusing to answer critical questions or admit wrongdoing.

These frustrations and more can draw a case out longer and put your recovery on hold.

With the potential for so many challenges and your recovery on the line, you need a trial attorney with years of experience in and out of the courtroom. They’ll know what to expect in your personal injury lawsuit and have the resilience and resourcefulness to tackle any issues while pursuing compensation.

Your Personal Injury Lawyer

If you believe your personal injury case is taking a long time due to your lawyer’s behaviors, it may be time to consider changing legal representation. Perhaps they seem to be uninvolved or unresponsive in your case, or maybe they fail to keep you in the loop on important decisions they make.

A lawyer who doesn’t value your time and money can be frustrating and add unnecessary time to your case.

What to Do if Your Case is Delayed

Many cases are put on hold due to the amount of evidence needed, so a timeline may be harder to predict or control. The best thing to do is to remain patient. Contact your attorney directly to address any questions and concerns you have about your case and its duration. They should be transparent about what to expect from the beginning and let you know if those expectations should change.

However, if a delay happens because your lawyer is the wrong fit, you may want to hire someone else to represent you. If you find yourself spending too much time, stress, money, and energy on your personal injury case while your lawyer slacks off, consider meeting with another attorney to weigh your options.

How Long Should a Personal Injury Case Take?

Unfortunately, there is no established timeline for a personal injury case. It depends on numerous factors, including the amount of evidence required, the severity of your injuries, third-party involvement, and more.

Some cases resolve in months, whereas others can take years. Although a longer case might seem disheartening, the result doesn’t have to be. A dedicated attorney can empower you throughout the process and help you obtain fair and total compensation while you can focus on recovering.

Contact Our NYC Personal Injury Attorneys Today

You deserve to recover from your personal injury accident quickly and easily. Although a case might face delays, our experienced attorneys will fight tirelessly no matter what it takes. At Hecht, Kleeger, & Damashek, P.C., we pride ourselves on being there every step of the way for our clients. If you need help after a personal injury accident but are worried about the commitment, let us shoulder the burden.

To schedule a free consultation, contact a New York personal injury attorney at HKD today online or at (212) 490-5700.