It is understandable that if you are the victim of a seriously injured bodily injury due to the negligence or negligence of someone else, you would want to be compensated as soon as possible. However, the time it takes to resolve a personal injury claim may vary, depending on the specific details of your case. Unfortunately, the reality is that no two claims are the same, while some claims are resolved quickly, others can take much longer.
Filing a legal action can be complicated. To help you understand the personal injury claims process, we’ve listed some of the most common reasons for business delays. However, we recommend that if you have any questions about your case, it is best to speak to your lawyer.
Achieve maximum medical improvement
Unless you have achieved your maximum medical improvement, you may not get the full settlement you are entitled to. Achieving maximum medical improvement simply means that you have healed as much as you go as a result of your injury.
Some injuries take longer to reach maximum medical improvement, so you should wait until you reach this stage. Once you achieve maximum medical improvement, it will be easy to calculate your total medical expenses and determine your future costs. Understanding how much your recovery will cost you in the long run is essential to achieving a fair settlement.
Legal or factual issues
Another reason personal injury cases are delayed is that it can be difficult to prove liability. Even when the other party is responsible for your injury, if they don’t agree that they are responsible for your injury, it can get complicated. The other party can also dispute the type of damage you suffered or the financial value of your claim. All of these things can delay your case.
Some insurance companies will try not to provide a fair amount to cover your medical costs, which will further delay your case. If this happens, you will need to provide additional proof of your claims. Alternatively, you can hire a professional to assess the cause or extent of your injury.
If there are any legal or factual issues that are delaying your case, you and your lawyer may need to gather more evidence and facts to support your claim.
Severity of injuries
In cases of bodily injury, there may be some disagreement about the type and severity of injuries sustained by the victim. To overcome these challenges, you must provide proof of the severity of your injury. You and your lawyer will also need to provide evidence about the other party’s duty of care and how their breach of duty resulted in your injuries.
The severity of your injury can also delay the case. Claims for injuries that are not as serious or disabling will be settled faster than if you have suffered a severe medical disability.
The other party can also dispute the cost of collection. What’s more, insurance companies can also slow down the personal injury claims process, especially if they have to pay a huge amount of money as part of a settlement.
Complexity of the case
The complaints process may be delayed if your case is more complex. For example, a rear-end collision is a fairly straightforward case and therefore easier for a deal to be reached. But, if there are multiple people involved, or if there is a dispute over who is responsible for the incident, it will take much longer to resolve.
Abundant documentation can help your case move faster. This can include police reports, eyewitness accounts, etc. If there is a dispute over the cause of the incident or who was at fault, discovery hearings will be required. During these hearings, experts such as engineers or accident reconstruction specialists will be invited to submit their reports on the basis of the evidence provided to them.
Your case goes to trial
Most personal injury cases are settled out of court, but file a complaint may be the only option to obtain maximum compensation. It’s important to understand that if your case goes to trial, the process can take a year or more.
Personal injury lawsuits take longer for a variety of reasons, such as:
- Expertise requirement
- Evidence of attempted out-of-court dispute resolution
- Other evidence required to support your case (economic loss report, future care reports, etc.)
In addition, the legal process for any type of prosecution is often lengthy in Canada.
Your bodily injury case
If you have a personal injury claim or are in a dispute with your insurer, the best thing to do is to hire a professional lawyer to represent you. With an experienced lawyer, you may be able to avoid unnecessary delays. While it can be frustrating to wait for compensation and justice, it is essential that you are honest, calm, and patient throughout the process.
Interesting related article: “What is a lawsuit?” “