Why is My Settlement Taking So Long? Part I of II
While a personal injury case is ideally settled swiftly, there are many reasons why cases might take a long time to settle:
- The medical treatment is still progressing.
Victims who have incurred major injuries but have not yet attained maximum medical improvement will have future medical costs. These future costs are impossible to assume. It is not covered by the settlement if the victim’s condition does not improve as expected.
This is why serious and long-term injury claims take longer to resolve. Sadly, these are the cases where victims accrue large medical bills and are financially pressured to settle.
- An attempt to increase the settlement.
The victim’s counsel may purposely prolong a settlement to gather further proof. That proof might prove the victim’s losses or who caused the disaster. A settlement may be delayed if a similar case is ongoing in court and awaiting the conclusion of the other case if it will improve the worth of the victim’s claim.
- Concerns must be resolved, legal or factual. Cases might take a long time to settle if crucial legal or factual issues remain unresolved. Factual conflicts include how much the victim’s medical care and lost earnings really cost.
A legal or factual dispute might slow down the settlement process. The case’s worth might vary depending on the outcome. The victim will expect a higher settlement, while the defendant will make lower offers or refuse to settle. Settlements might be difficult to reach when the parties’ expectations are off.
- A backlogged court
If the court is backlogged, the period between filing and trial will be extended. Important hearings, including the settlement conference, will be postponed. There is less pressure and more time to settle without the trial deadline. Defendants can use this to draw out the lawsuit and force the plaintiff to accept a lesser settlement.
- The defendant stalls the case
Defendants can extend the process in several ways. Some of them use these tactics to prolong the lawsuit. They do this if they believe the victim is in a financial bind and needs the settlement money quickly. These defendants use the financial pressure to delay settlement. Victims need compensation payments more as time passes. Victims become quicker to settle, inclined to drop expectations, and take less.
Read more about the personal injury settlement timeline here.
