The most common complaint we get from clients is that their Plymouth personal injury lawsuit is taking too long. Most of them often assume that it’s because their lawyers are dragging their feet. While this might be the case sometimes, it’s usually not.
We sometimes encounter inevitable obstacles while handling cases. We will look at what some of these obstacles are.
Delay in Filing Your Lawsuit
Your lawyer might not file your lawsuit immediately because of several reasons. First, he needs to investigate your case by obtaining witness statements, police reports, insurance information, medical records and any other detail he thinks is important for you to win the case.
Give it at least a month before your lawyer will be able to get all the evidence he needs. He’ll also wait until you reach your maximum medical improvement (MMI) so that he can evaluate how much your personal injury claim is worth. Depending on the extent of your injuries, it could take months before you reach your MMI. In the meantime, your lawyer will keep himself updated about your recovery process.
Calculate how much your personal injury claim is worth.
When you reach your MMI, your lawyer will first try to settle your case with the insurance company. You can read our post about filing a personal injury claim with an insurance company for more details.
After filing a claim with the insurance company, the insurance company will have 30 days to review the settlement demand letter or else your lawyer will file a personal injury lawsuit.
The reason your Plymouth personal injury lawyer will try to settle with the insurance company before going to court is it will be advantageous for the both of you. For instance, the contingency fee will be much lower.
Delays after Your Lawsuit is Filed
Delays after your lawsuit is filed usually occur due to scheduling issues. For instance, when scheduling a deposition, the defense attorney will need to find time when both your lawyer and the person to be deposed will be available. Most of the time depositions need to be scheduled months in advance to accommodate everyone involved.
Other factors that may cause a delay include finding a hearing date or courts insisting that you first go to mediation before scheduling a trial date.
Delays in Your Trial Date
First, it’s important that you know criminal cases will always take priority over civil cases. You can’t claim rights to a speedy civil lawsuit so you should expect your trial date to be set several months up to a year after the court issues an order to set the trial.
Your attorney and all other parties involved in your case have to find time when they have several days if not weeks available at the same time.
You should also know that civil courts tend to schedule many trials with the same judge at the same time because most civil cases rarely go to trial-most tend to settle before the trial date. When you get your trial date, you may not be number one on the docket. This means there are other cases that take priority over yours. If one of the cases goes to trial, your case might be bumped to the next available docket.
If you really want your Plymouth personal injury lawyer to be number one in the docket so that your case takes priority over the others, you have to be willing to accept that he might need to accept a trial date that is much further away.
Most Delays Are Not Your Personal Injury Lawyer’s Fault
Personal injury lawsuits in Plymouth and other places take a long time to resolve and most of the delays you encounter along the way are not your lawyer’s fault. We have highlighted most of the reasons why your personal injury lawsuit might be taking so long and as you can see, there’s very little that can be done to speed things along.
However, this doesn’t mean that you give up going to trial altogether. If we believe that going to trial is the only way you will get justice then we won’t hesitate to do so. We’d rather go through the long trial process and ensure that you get a fair settlement amount, than put you through a short negotiation process with the insurance company and leave you dissatisfied.
Our Plymouth Kevin P Landry law offices are open 24/7 so you can call us at any time. Visit any one of our Plymouth offices or give us a call at 508-746-2700 to schedule your free initial consultation.