Personal Injury Cases Take Time To Settle – 6 Reasons

 

Personal Injury cases can take time to settle

 

A personal injury case trial is no fun, and settlement can often be as difficult – if not more so – than a trial.

The frustration people feel while in the midst of settlement negotiations largely stems from a lack of awareness about the process: How it works, what is going on, and why things are taking so darn long.

Luckily for you, we have some answers for you as to why it can take time to settle your personal injury case.

Here are six major reasons that your settlement negotiations are taking more time than you thought they would:

 

1. Time Limits

There is a statute of limitations on every personal injury case and this is why it is so critical that you file as soon as possible.

To avoid coming under pressure from these time limits, lawyers will often work to move things along on your behalf.

This doesn’t mean that the other side is as eager to get things going.

 

2. Liability

Determining liability is another major issue in settlement negotiations.

This is a legal question and not a determination of the merits of your case in terms of what did or did not happen.

Here, your lawyer and lawyers from the other side will determine what liability exists for the other side which leads into the next discussion.

 

3. Damages

Once the scope of liability is determined, your lawyer will then begin negotiating for damages to you.

Of course, the counterparty will negotiate on behalf of their clients just as vigorously if not more so.

If settlement looks like the direction the case is going, don’t expect the other side to be immediately generous.

One of the items that will be negotiated is lost wages as a result of the accident.

The other will be diminutive value as a result of the loss in value to your vehicle.

This is something most insurance carriers will not tell you about and the reason you need an experienced car accident lawyer.

 

4. Evidence Collection

If things are still in the settlement negotiation stages, evidence collection is probably going on at the same time.

This includes documentation, reports – whatever might be necessary to make your case.

Often times, collecting medical documents takes longer than most expect.

The same will hold true for collecting police reports and any accident reconstruction documents that may be available.

 

5. Expert Witnesses

If it looks like things will go to court, your lawyer will have to begin the process of finding expert witnesses to corroborate the basics of your case.

This could include doctors, workplace safety officials, or any other person that can shed some light on the specifics of your case.

This stage can be deceptively complicated because newer lawyers won’t have quite the network to draw upon that older, established lawyers will.

Stay in discussion with your lawyer about the status of your case as well as any experts he thinks might be needed should the case go to trial.

 

6. Alternative Dispute Resolution

Known by many names, such as mediation, alternative dispute resolution seeks to bring disputant parties together to come to some sort of agreement outside of the courthouse.

ADR is a process that seeks to avoid the sometimes lengthy courtroom battles that can occur between parties and is an unbiased, non-binding process.

Some courts will even require people to go through an ADR process first before heading to trial.

Conclusion

As you can see there is a lot involved in the entire legal process, and it’s best to have an experienced attorney on your side to help you get the best result possible for your case.

For expert help with your case call  980-239-2275 and speak with someone who will fight for you!

You will have our entire team at the Charlotte NC Car Accident Lawyers Group working for you.