As a lawyer, you may have been asked several variations of the question, ‘why is my case taking so long to settle?’ While a speedy settlement and adequate client compensation is every lawyer’s preferred outcome, there can be times when they take longer than the client expected to reach a successful conclusion.
Every case is different, meaning the reasons settlement can take longer vary from one situation to another. However, you can learn about the more common ones below.
The Client Is Still Receiving Care
The best Pittsburgh injury law firm wants to ensure clients are adequately compensated for the injuries they sustained in their incident, and that’s not always easy to do if they’re still receiving care.
When medical appointments are still being attended, and the full extent of their outcome is not yet known, the personal injury lawyer might recommend holding off on settling until they can have complete confidence in their damages calculations. As the client’s treatment nears an end, their chosen law firm can better understand the implications and costs of their medical bills, lost wages, and permanent damage.
Case-Strengthening Evidence Hasn’t Arrived Yet
Every lawyer wants their client’s case to be as strong as possible for the best chance of a desirable outcome. Sometimes, that means they have to wait for evidence to arrive, such as medical records.
It can take time to receive medical records from healthcare providers, especially when copies must be paid for, printed, and certified. This process can draw out a personal injury claim, but it might be worth it when it becomes your case’s most substantial evidence.
The Other Side Is Holding Up Proceedings
You might be prompted to file a demand letter and communicate with your client, but that doesn’t mean the defendant’s lawyer is as efficient as you are. As frustrating as it can be to field calls from your client about what’s taking so long, there’s generally nothing you can do about the defendant’s timeline.
Sometimes, the defendant can be delayed during their own evidence-gathering process, or their lawyer is working on their settlement negotiation tactics.
Multiple Parties Are Involved
The more parties involved in a personal injury claim, the longer the entire settlement process might take. You have to speak to each plaintiff or person involved, compile evidence, and even talk to expert witnesses if appropriate. Communicating with multiple parties and ensuring everyone is on the same page can require a significant amount of logistics compared to just one plaintiff.
The Case Has Gone to Court
The majority of cases are settled out of court. However, negotiations can fail, and when that happens, you might need to take your client’s case to court to fight for their right to the damages they deserve.
Once a case reaches this point, it’s not uncommon to experience delays relating to discovery, serving the defendant or respondent, recording depositions, and interrogatories. You might even find that your client’s case is dragged out by crowded court dockets or the defendant’s objection to a discovery request.
Your clients’ cases can be held up for many different reasons, many of which are out of your control. Fortunately, by communicating with your client, you can ensure they know why the delays have occurred to avoid stress and confusion.