Why is My Lawyer Taking So Long to Settle My Case?

One reason that lawyers often take so long to settle cases is that haste makes waste. When people are in a hurry to do anything, they often take shortcuts that come back to bite them later. A bigger reason a lawyer takes so long to settle a case is the extensive pre-litigation and litigation process, which is outlined below.

Insurance company foot-dragging may be the biggest reason lawyers take so long to settle cases. Usually, insurance companies hold settlement funds in interest-bearing accounts. The longer that money stays in that account, the more money the insurance company makes. That’s especially true if the insurance company is a top-five firm, like State Farm or Progressive, which settles tens of thousands cases a year. The nickel-and-dime interest payments on individual cases quickly add up.

No matter how long the settlement process takes, an Ocean County personal injury lawyer is with you until the end of the line. Instead of looking for a fast, quick, and easy settlement that leaves money on the table, an attorney keeps working to obtain the best possible results under the circumstances. No other result will do.

Catastrophic Injuries

 Right off the bat, catastrophic (life threatening) injury claims are much more complex than serious injury claims. Longer, more expensive, and more uncertain hospital stays may be the best reason for the initial delay.

Serious burns, one of the most common catastrophic injuries, are a good example. A quick trip to an emergency hospital is usually just the beginning of the medical treatment process in these instances. After doctors stabilize burn injury victims, they transfer these victims to large, regional burn centers. The average hospital stay at such a burn center is much longer and more expensive than an average injury-related hospital stay.

Furthermore, severe burns have long-lasting physical and emotional effects. Many of these effects have long latency periods. The diagnosis delay further delays the settlement process.

Hopefully, you’re getting the picture. The circumstances of a catastrophic injury case, not the actions or inactions of a North Jersey personal injury lawyer, delay settlement, at least in most cases.

Collecting Evidence

A good lawyer takes care of first things first. After the immediate priority (medical attention) is addressed, a lawyer can turn to other, almost-as-important matters, such as collecting evidence. A victim/plaintiff must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not, to obtain compensation for injuries.

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some cases. 

Evidence in a catastrophic injury claim usually includes medical bills, the official accident report, and witness statements. Once again, the process is time consuming. Witness statements are a good example.

Vehicle collisions cause many catastrophic injuries. For various reasons, many witnesses don’t loiter at accident scenes so they can give official statements to police officers. That’s especially true if the wreck occurred on a highway, like the New Jersey Turnpike.

Frequently, a lawyer partners with a private investigator to locate additional witnesses whom first responders didn’t interview. Before moving forward with a deposition or official statement, a South Jersey personal injury lawyer must assess the witness’ credibility and determine if s/he hurts or helps the victim’s case. Once again, more delay.

Some catastrophic injury claims, such as work injury claims, require less evidence. For example, in most cases, workers’ compensation benefits are available even if the victim was entirely at fault for a job-related illness or injury. 

Determining the Settlement Value

Note that we’re more than halfway through this post and the catastrophic injury case hasn’t even officially gone to court yet. In fact, that milestone may still be weeks or months away.

Before that filing happens, a North Jersey personal injury lawyer must determine a claim’s settlement value. This process is a combination of science and art.

First, the science portion. To come up with a figure, a Passaic County personal injury lawyer usually starts with medical bills. This figure includes current and likely future medical bills. Other out-of-pocket losses, such as missed work and property damage, enter the mix as well. 

Then, to determine a reasonable amount of noneconomic losses, most lawyers multiply the economic losses by two, three, or four, mostly depending on the evidence in the case and the legal issues involved.

We discussed evidence above. Additionally, a South Jersey personal injury attorney must be able to prove all the elements of an ordinary negligence, negligence per se, or other legal case. Attorneys must also anticipate insurance company defenses and the strength of those defenses.

Intangible factors matter as well. These factors include the insurance company involved and the victim’s motivation to settle quickly.

Some insurance companies fold faster than Superman on laundry day when settlement negotiations begin. Others fight claims tooth and nail. If a lawyer anticipates a quick settlement, the initial offer goes up.

If, on the other hand, victims want or need to settle quickly, attorneys usually reduce their initial offers in the hopes of obtaining a quick agreement.

The Litigation Process

As mentioned, some catastrophic injury cases settle informally before a Somerset County personal injury lawyer files legal paperwork. But most cases go through at least some of the litigation process. Filing procedural motions may be the most common insurance company delay tactic.

Insurance company lawyers often file procedural motions shortly after filing. In some way, shape, or form, these motions usually assert that the victim doesn’t have a valid case.

A stitch in time saves nine. Additional preparation before filing usually keeps the case in court after filing. Students who do their homework assignments usually do well on tests. Similarly, lawyers who file solid cases usually obtain maximum compensation.

The bad news about procedural motions is the additional delay they cause. The good news is that, once these motions fail, insurance companies usually get serious about settling cases.

Work With a Compassionate Bergen County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Newark, contact CourtLaw. The sooner you reach out to us, the sooner we start working for you.