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.

About the Author

Since 1968, the South Carolina personal injury and workers’ compensation attorneys of Joye Law Firm have been committed to securing compensation for accident and injury victims. Our compassionate and dedicated lawyers have over 300 years of combined litigation experience, and many of them have been recognized as South Carolina Super Lawyers. For many years, our South Carolina personal injury law firm has been listed with an AV rating in the prestigious Martindale-Hubbell legal directory.

Recent Blog Post
What to do in South Carolina? Events for the week of June 4 - 10th in Charleston, Summerville, Columbia, Myrtle
What to Do in South Carolina: Joye Law Firm Staff Picks 6/4/24 – 6/10/24

    The Joye Law Firm team has handpicked a selection of the most exciting activities, guaranteed to bring joy and entertainment to everyone. This week our team’s favorite summer events promise unforgettable experiences filled with fun, food, music, and…

Mark Joye sitting at his desk
Inside Super Lawyers: Recognizing Mark C. Joye

Joye Law Firm is pleased to announce that Mark C. Joye, the Head of our Litigation Department, has been selected for inclusion in South Carolina Super Lawyers for the 17th consecutive year. In addition to having been selected every year…

Avoid Truck Accidents by Avoiding Their Blind Spots

Americans love to drive SUVs and pickups because they are higher off the ground and provide a better view of the road. Because commercial trucks like 18-wheelers are even taller, you might think they’d have the best view of the…

What to do in South Carolina? Events for the week of May 28-June 1 in Charleston, Summerville, Columbia, Myrtle Beach, and upstate.
What to Do in South Carolina: Joye Law Firm Staff Picks 5/28/24 – 6/3/24

  Step into June and embrace the summer spirit with an array of vibrant music festivals, exhilarating bike rides, and thrilling races. The Joye Law Firm team has carefully curated a selection of this week’s most exciting activities, guaranteed to…

Awards & Recognition
Media
ABC
NBC
Fox
CBS News
ESPN Radio logo