Reasons Why Your Personal Injury Case May Take A Long Time To Resolve

Law Blog

Sometimes, as with any legal matter, a personal injury case can take a long time to resolve. There are several factors that can contribute to the length of time it takes to reach a settlement or verdict.

Here are some potential reasons why your personal injury case may take longer than expected.

You Haven't Reached Maximum Medical Improvement 

The concept of maximum medical improvement (MMI) is important when it comes to personal injury settlement negotiations. If a person has not yet reached the point of MMI, then it is impossible to accurately assess the long-term effects of the injury. As a result, settlement negotiations could be prolonged until the plaintiff has reached MMI or is close to it.

MMI refers to the point when a person has recovered as much as possible from an injury and is not expected to experience further improvement. Until this point is reached, the resulting medical bills and other damages cannot be accurately calculated.

To ensure that you and your attorney determine MMI as soon as possible, attend all follow-up appointments and comply with any treatment recommendations. Also, keep detailed records of all relevant medical documents, such as physician's notes and test results. These documents can establish a timeline for your injury and recovery.

If your injury is severe enough that you may never reach MMI, your attorney can use the evidence to estimate the damages. They may also include a provision in the settlement that allows for additional compensation in case your condition worsens.

Your Case Involves Complex Legal Issues 

If your case presents complex legal issues that require extensive research or argument, it might take longer to resolve.

If your case is particularly complex, the court might require additional briefing and hearings to ensure that all aspects are fully addressed. For instance, if a case involves multiple legal theories or complicated factual issues, the court may need more time to assess all of them.

In some cases, one party may raise a legal argument that requires a court to interpret state or federal law. If this happens, the other side may need to conduct additional research and submit an opposing legal opinion. This process can take a long time and may require appeals if the court's decision is contested.

Additionally, your case might involve multiple parties or jurisdictions. This can lead to a lengthy discovery process, and multiple rounds of settlement negotiations as attorneys for each party try to reach an agreement.

For additional information, contact a personal injury lawyer in your area.


22 February 2023