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

Waiting on a settlement can be frustrating, especially when you're still dealing with the fallout from the injury itself. If you've been checking in with your attorney and not getting much clarity on where things stand, you might be wondering what's actually going on.

 

Most of the time, there's a reasonable explanation. Here's a closer look at what typically causes delays and how to tell when it's actually worth worrying about.

How Long Should a Personal Injury Case Take to Settle?

There isn’t a single answer that applies to every case, but the majority of personal injury cases settle within a year after the demand package has been sent to the insurance company. But, again, it varies. Straightforward cases where there’s clear liability, and the victim makes a quick recovery, can move faster than that, generally in four to nine months. Cases that involve serious injuries where long-term medical treatment is needed or a defendant is fighting the claim can take considerably longer than a year or two, and sometimes more.

 

The bottom line is that your case will take as long as it needs to in order to get you a fair result. Choosing to settle too early, either before your medical treatment is finished or before your attorney even has a full picture of what damages might be available, could mean settling for far less than your case is actually worth.

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

A few things tend to come up again and again as the reason a case is taking longer than expected. Here are some common reasons for delays in personal injury lawsuits.

You’re Still Receiving Medical Treatment

This is one of the main reasons cases can take so much time, and it’s usually a good thing. Your attorney can’t accurately value your claim until your treatment finishes, or at least until your doctors have a clear sense of how your injuries will affect you going forward. Settling while you’re still healing risks leaving money on the table for treatment you’ll need later.

Your Legal Team Is Waiting on Medical Records

Once treatment wraps up, your attorney needs certified copies of your medical records and bills from every provider who treated you. Getting those records can take weeks or even a month or more, depending on how quickly each provider’s office responds.

The Other Side Isn’t Moving Quickly

Your attorney can only control so much. Insurance companies and opposing attorneys sometimes take their time responding to requests or settlement offers, and there’s not always a way to force a faster response.

Your Case Has Been Filed in Court

If your case moves into litigation, the pace will usually slow down even further. Formally serving the other party can take time if they’re hard to track down. Once that’s done, both sides will need to exchange evidence through a process called discovery, which includes written questions, document requests, and depositions, all of which take time to schedule and complete. Furthermore, crowded court calendars can add even more time on top of that.

 

None of these delays means your case has stalled. It usually means it’s moving forward through the steps it needs to in order to get you the strongest possible outcome.

Is There Any Way I Can Speed Up the Settlement Process?

Yes, to some extent. Following your treatment plan and attending every medical appointment will help your case move forward as efficiently as possible; gaps in treatment can slow things down or raise questions later down the line. Also, make sure to get your attorney any documents or information they request to avoid unnecessary delays on your end.

 

Beyond that, most of the timeline will depend on factors that are outside your control, like how quickly the other side responds and how busy the court system is. Overall, the best thing you can do is stay in touch with your attorney and continually ask for updates.

Frequently Asked Questions

What Is the Longest a Settlement Can Take?
Is It Normal Not to Hear From Your Attorney?
When Should I Be Concerned?
What Can You Do If Your Personal Injury Case Is Delayed?
Is It Advisable to Change Lawyers If My Case Is Taking Too Long?

Key Takeaways

Most personal injury cases settle within a year after your demand package has been submitted, though more complex cases can take longer.

Most withdrawals come down to a breakdown in communication or concerns about the strength of the case.

If you haven’t heard from your lawyer in a while, it’s perfectly reasonable to reach out and ask for an update.

Have Questions About Your Case? Reach Out to Our Firm Today!

Not sure why your case is taking as long as it is? Just want a clearer picture of where things stand? Our New York firm is more than happy to talk it through with you. Call 212-739-7278 or contact us today to set up your FREE consultation, and we’ll help you understand exactly what’s happening with your case and what you can expect next.

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