WHY DO PERSONAL INJURY CASES TAKE SO LONG?

One of the most common questions I am asked it why do personal injury cases take so long?

Remember every injury victim is difference and so is every accident case.  Some are settled more quickly than others.  It’s not uncommon though, for a personal injury case to take two years or more to resolve.

It is understandable that you may be frustrated at how slowly your case seems to be moving.  But don’t rush to take the first settlement offer made by the insurance company.  The first settlement offer is rarely your best settlement offer.

EVALUATING THE INJURY

It takes time to determine the full extent of your injuries.  Doctors are often unable to give an opinion about the seriousness of an injury until the patient’s condition has stabilized.  In serious injury cases, it may take a year after the accident before a doctor can say the injuries are permanent.

It is very important to take the necessary time to fully evaluate your injuries.  You have only one chance to prove the extent to which you and your family have been harmed.  Once you take a settlement offer or get a verdict at trial, that decision is final.  You can’t go back and ask for more money if you later find out your injuries are more serious than you thought.

PATIENCE WITH THE PROCESS

An experienced personal injury lawyer knows how much to keep your case moving along through the legal system.  Early on in the case, the lawyers set dates for various deadlines in the process.  Your personal injury case may move through these stages:

1. DISCOVERY

The discovery period can last six months or more.  This gives each party time to find out all they can about the other party’s case.  The lawyers exchange documents that give the facts of the case and list the witnesses and experts who are involved.  You’ll be asked to answer interrogatories, which are written questions that you answer under oath.

You will be asked to produce documents or authorize others to produce documents for you such as accident reports, medical records and bills, and insurance policies.  You may be asked to undergo a medical exam by an independent doctor to verify your injuries.

2. EXAMINATION FOR DISCOVERY

During an Examination for Discovery, you will be asked questions under oath.  A court reporter types up a record of everything that is said.  Not only will you be questioned about the accident and your injuries, you will be asked questions about what your health, education, and work were like before the accident.

It’s your lawyer’s job to prepare you for the Examination for Discovery. Your lawyer will also “defend” your deposition by objecting to irrelevant or harassing questions.

3. PRE-TRIAL MOTIONS

It’s possible for the lawyers to file all sorts of motions to narrow the issues before trial.  The motions could object to certain evidence or ask that the case be dismissed if there is not enough evidence.

MEDIATION AND PRE-TRIAL CONFERENCE.

Settlement conferences, mediation, or Pre-Trial conferences are often required before personal injury cases can go to trial.  In mediation, a neutral trained mediator goes over the issues and evidence with the parties to help guide them toward a settlement agreement.

TRIAL

If your case doesn’t settle, it goes to trial, where a jury decides what your injury is worth.  Depending on where you live, it could take six months or so to get the trial scheduled on the court’s docket.

The trial itself may last two days to two weeks.  Once the trial is over, there may be further appeals and motions. It’s possible for the parties to settle the case during trial or even after trial in order to stop an appeal.

THE WAITING GAME

You’ll have better bargaining power if you don’t rush into a settlement.  On the other hand, litigation is expensive and time-consuming, and taking a chance with a jury can sometimes lead to disappointing results.

Your best strategy is to contact an lawyer with experience in handling personal injury cases in your area.  Your lawyer can give you an estimate about the length of time it takes to resolve your sort of case.  Also, ask your lawyer to give you frequent reports on the status of your case so you know that it’s making its way through the legal process.

Andrea Girones is a personal injury lawyer in Ottawa, visit her website at http://www.injuryottawa.ca/