It’s been months or perhaps even a year since your accident. The at-fault party has moved on with their life while you are still waiting for the case to proceed. Many plaintiffs do not realize that it is in the defense’s best interest if the lawsuit drags on because they hope you will grow weary and dismiss the case, or that your witnesses will become unavailable.
Your case may continue to drag if you do not hire an experienced personal injury attorney. Undoubtedly, an attorney can use their influence and resources to fast-track the lawsuit. To help ease your anxiety as to what could be happening, we will explain ten reasons that may cause your personal injury lawsuit to take time.
1. Complexity of The Case
While most personal injury cases are straightforward, some are highly complex. Complications can arise due to factors such as:
- Having multiple defendants.
- Difficulty establishing liability.
- Dealing with challenging medical issues.
- Having disputes over damages.
These challenges may necessitate more time for research, discovery, reliable witnesses, and expert testimonies.
2. Extent of Injuries and Damages
How severe were your injuries? Did you need multiple surgeries? Were you admitted to the ICU, or was it a moderate soft tissue injury? Severe injuries take time to assess and to calculate how much the insurer or at-fault party should be held liable for.
Suppose you have a permanent disability or lose your job due to the accident. In these situations, the insurance company may need more time to investigate or request additional records to prove the extent of your suffering.
3. Need for Extensive Discovery
During the discovery process, attorneys will obtain documents, records, and evidence to support your case. Complex cases often require more time to do the following:
- Carry out interrogations.
- Conduct interviews under oath (depositions).
- Acquire documents.
- Prepare witnesses.
- Look for expert witnesses.
- Gather evidence.
4. Multiple Parties Involved
You may have initially thought your injuries were caused by one at-fault party, but as the case unfolds, you realize multiple parties could be liable. The court will give the defendants time to build their case, causing the pretrial process to drag. Cases with third-party complaints, crossclaims, or shared negligence are complex and often take more time to conclude. If this is your situation, you will need to be patient with the process.
5. Jurisdictional Issues
How busy is the court where you filed your case? Do they have a huge case backlog? If so, your lawsuit may take longer before reaching a judge. Each jurisdiction has its own rules and procedures for handling lawsuits. An attorney can help you determine if the court’s lengthy backlog is causing the delay.
If you live in South Carolina and the at-fault party resides in another state, your lawsuit may drag as you try to determine which court should hear your case. This is why, with proper representation by a personal injury attorney, South Carolina residents receive reliable advice on which court to file their case in to avoid unnecessary delays.
6. Availability of Witnesses and Experts
Sometimes, tracking down witnesses and convincing them to appear in court can delay court procedures. Expert witnesses often have busy schedules, and you may need to postpone some procedures until they are available. Joye Law Firm has reliable relationships with various experts in South Carolina who are ready to appear in court when the need arises.
7. Backlog in The Courts
Your case may be straightforward, but you may get a court date that is months away because the court has many lawsuits but few judges presiding over them. This can be very frustrating because there is little you or your lawyers can do to fast-track the process.
8. Motions and Appeals Filed
Whenever you or the other parties file a motion, the court must take time to review and decide on the matter. Appeals can also take longer because the lawsuit will go to a higher court with its own rules and procedures. The back-and-forth of different requests can result in a lengthy court process.
9. Settlement Negotiations
Settlement negotiations are meant to hasten the claim resolution process and avoid trial. However, insurers may want to pressure you to take an unfair settlement by delaying meaningful offers or disputing liability. Give your attorney time to get a reasonable settlement, and do not push for a quick settlement.
10. Attorney’s Expertise and Experience
Your attorney’s skill and knowledge will impact the rate at which your case moves through the court system. An experienced South Carolina personal injury attorney knows how to:
- Negotiate well.
- Secure evidence.
- Aggressively argue your case.
- Apply the right pressure.
At Joye Law Firm, we know the ins and outs of personal injury cases and can accelerate your personal injury lawsuit. We will use our resources, reputation, and relationships to minimize the length of time your lawsuit takes to reach a resolution. Schedule your first free consultation with us, and let us help you get what is rightfully yours.
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