Oct 21, 2012: What's Taking So Long?

It’s not uncommon to be upset after your personal injury lawsuit is filed because such a long time passes before any settlement or trial. Here’s what’s happening.

A Speedy Trial?
  • Discovery
  • Motion Hearings
  • Trial

In the discovery phase, you and your lawyer will need to gather up all the medical records, bills and other documentation of your injuries. Some of these must be obtained in a specific way to make them admissible at trial. This often takes time and money.

The other party’s lawyers may have what feels like an endless capacity to file motions and go to hearings on motions. They may be hoping you’ll get tired of waiting and agree to settle for less.

If your case doesn’t settle, it must go to trial. Trials are scheduled on the court’s schedule, not the lawyers’ schedule. Cases sometimes take years to be scheduled for trial. Having a case that’s two or three years old before going to trial isn’t unusual.

Once you have a trial, your case may not be over. There may be an appeal and further motions and hearings. But, if you really have a valid claim, your patience will pay off.

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