Why Do Personal Injury Suits Take So Long In NYC?

A common misconception about personal injury lawsuits is that they take years to process or that you will receive an immediate offer to make your case go away. The reality is that there are no true timelines for how long a trial should take to settle as circumstances around the personal injury itself always affect the outcome.

Whether it has to do with finding the right attorney or simply getting all the documentation about your accident in one place, these things can take time. The attorneys at The Barnes Firm will do everything they can to process each personal injury case with the utmost care and diligence to prevent any unnecessary delays or costly mistakes, while at the same time achieve the best result possible.

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What Causes a Delay in Personal Injury Cases?

Generally, personal injury cases do take some time to resolve, so understanding how the process works and what factors can create a delay will help you to not lose hope. Why a claim gets delayed can result from several factors, such as:

  • Not all the facts are present or evidenced
  • The claim amount is substantial and involves significant damages
  • You are still under medical care and trying to reach a maximum level of improvement
  • Documentation like medical records can be difficult to obtain

Sometimes the responsible company will delay as much as possible before paying out and use every legal avenue to prolong this payment. The point is that delays happen and may take much longer than you planned on, but it’s important to consult with a skilled personal injury attorney and not settle for less than what you deserve.

Typical delays with more detailed explanations as to how they affect your case include:

Legal Hurdles May Be Slowing Your Personal Injury Case Down

New York is a no-fault state when it comes to liability from car accidents, but when you get into the realm of slip and fall injuries, dog bites, or trip accidents, you may end up with a longer case. Situations with this type of related damage will require a responsible party to take the blame and compensate you. This may prove difficult and affect how quickly you can go to trial.

Some insurance companies won’t even consider making an offer because they think you won’t or can’t legally sue them. Other scenarios might involve you having a pre-existing condition, and your physician cannot determine what if any of your injuries aren’t related to that instead. If your insurer believes you were negligent, again, you can expect a delay while waiting for a ruling.

Your Case Is Asking for A Large Settlement Amount

Personal Injury suits that demand significant amounts of money may experience delays for just that reason: it’s a hefty amount of money. It isn’t unusual for insurers to put off payment as long as possible until they’re completely sure your claim is legitimate. You can expect every detail of your case to come under close scrutiny, and you’ll have to convince them that:

  • You are severely hurt
  • Your injury and the circumstances around it are not exaggerated
  • They cannot discredit you as a person

Typically, the insurance companies like to wait out the plaintiffs in a case, knowing full well the financial hardship they’re under. By delaying, lower settlement offers get accepted more often, and these corporations save millions of dollars each year as a result.

Lady Justice figure with scales highlighted
Lady Justice figure with scales highlighted

Your Case Is Asking for A Large Settlement Amount

Personal Injury suits that demand significant amounts of money may experience delays for just that reason: it’s a hefty amount of money. It isn’t unusual for insurers to put off payment as long as possible until they’re completely sure your claim is legitimate. You can expect every detail of your case to come under close scrutiny, and you’ll have to convince them that:

  • You are severely hurt
  • Your injury and the circumstances around it are not exaggerated
  • They cannot discredit you as a person

Typically, the insurance companies like to wait out the plaintiffs in a case, knowing full well the financial hardship they’re under. By delaying, lower settlement offers get accepted more often, and these corporations save millions of dollars each year as a result.

injury attorney meeting client in office

You Have Not Reached Maximum Medical Improvement

Insurance companies want you to have reached your maximum medical improvement (MMI) before negotiating on a settlement. This means that you have healed as much as possible from your injuries, even if that means you aren’t your normal self anymore. It’s vital that you have met your MMI point so that an accurate assessment of your long-term health, medical expenses, and other damages gets made. Without a full recovery, even your lawyer would have difficulty throwing settlement numbers around for negotiation.

Keep in mind: you have one shot at getting the best result possible. If you accept a settlement, that’s it – you won’t be able to recover more in the future, even if your injuries require more medical attention. Consult with one of our top injury lawyers in your area to help determine the proper strategy to make sure your medical expenses will be covered, now and in the future.

Trust Reputable NYC Personal Injury Attorneys

If you’re the victim of an accident that has left you debilitated and in financial distress, choosing a dedicated law firm to support you through this challenging time is essential to begin the compensation process. The stressful impact of an accident on your personal, financial, and medical needs may follow you for a lifetime, or quickly resolve themselves in a matter of months. Either way, you need advocacy to see you through and protect your rights and future after a devastating injury.

With decades of combined of experience, The Barnes Firm’s best attorneys will fight aggressively to secure compensation for your medical care, future treatment and living needs after the accident and bring justice to your case. Our membership with the Million Dollar Advocates Forum establishes our ability to successfully bring claims to trial without needing any money until you win your case. Learn more about how our seasoned car accident legal team can help you by contacting us today.

The Barnes Firm (800) 800-0000