Why is my personal injury claim taking so long?

We frequently get asked why personal injury claims take so long. Understandably, incidents involving the neglect of another are already distressing. Layering a delayed claim resolution or lengthy court battle on top insults the injury.

There are several reasons why injury claims and related lawsuits may take time to resolve. The plaintiff’s ongoing medical treatment is among the top. Another is delay tactics of defense attorneys and insurers.

There are several other reasons an injury case might take time to resolve. Here we discuss the chief among them.

1. Plaintiff’s ongoing medical treatment

If the claimant’s medical treatment is not complete, the personal injury claim may not be resolvable regardless of a pending lawsuit. The severity of the plaintiff’s injuries can vary widely. Accordingly, the timeline to completion is equally variable.

Personal injury lawyers typically begin negotiating a settlement after the claimant reaches maximum medical improvement (“MMI”). Maximum medical improvement means condition has resolved or reached a stable plateau with respect to improvement.

To accurately calculate the full scope of a personal injury settlement—including future medical costs and lost income—you must wait until you reach MMI. Settling prematurely risks not receiving compensation for permanent or ongoing injuries.

Cases involving severe or life-changing injuries, like a traumatic brain or spinal cord injury, take longer to settle because the full extent of the damage must be determined before a fair negotiation can occur.

2. Insurance company delay tactics

Another common reason for delays in resolving an injury claim are insurance company delay tactics. The defense attorney hired to represent the responsible party is part and parcel of the delay strategy. Simply put, the timeline of a personal injury case is often prolonged because insurance companies intentionally delay and offer lower settlements to protect their bottom line. We counsel our clients on the mantra that insurance companies are in the business of collecting premiums, not paying claims.

3. Lawsuit discovery

If the adverse party’s insurer declines responsibility, the personal injury lawyer may file a lawsuit. After a lawsuit is filed, the discovery process starts. Oftentimes, the defense attorney desires to have the case pending as long as possible to earn compensation.

To build a strong case and prove liability, a significant amount of time must be dedicated to gathering and analyzing evidence, which can include witness statements, surveillance footage, and testimony from accident reconstruction experts.