Why is my personal injury claim taking so long?

Why a client’s personal injury claim is taking so long is one of the most common questions posed to personal injury lawyers.  The answer to such a question can be dependent on a number of different factors. As you know each personal injury claim is unique and poses its own set of challenges. 

One of the most common reasons that a persons case is not moving forward is that they are still treating for their injuries. In personal injury it is virtually impossible to place a accurate value on a plaintiff’s damages until treatment is complete. Therefore unfortunately the only thing that an attorney can do before treatment is complete is to prepare the case for possible litigation.

If it appears that it will be necessary to litigate a case (take the case to trial) then an attorney must take steps to prepare.  These steps could include discovery, depositions, or even mediation.  The discovery process can include having the plaintiff answer written questions posed by the defendant called interrogatories, taking a recorded statement from the plaintiff or defendant, or even having one of the parties produce documentation related to the accident.  In certain cases the parties or the court may believe that mediation of the claim could help to settle it without the need for a trial. The discovery process can take some time to complete, but it is a very important part of being prepared to represent a client.

Therefore whether the plaintiff has yet to complete treatment for their injuries or if the attorney is in the discovery process, it is important to remember that it takes time for an attorney to adequately prepare for the representation.