Why do Personal Injury Claims Take a Long Time to Resolve?
Personal injury claims sometimes settle relatively quickly. Other times they can take years to settle according to a Chicago personal injury attorney. In some cases, years of litigation can take place with no settlement. The case must then be decided in court by a jury or judge. No easy way exists to predict how long a personal injury case will take to resolve.
Even when personal injury litigation takes years with little hope in sight of compensation, it is important to maintain perseverance and to have a competent Illinois personal injury lawyer on your side.
Many plaintiff’s become frustrated at their lawyer after a case is filed. Keep in mind, the other party’s insurance company usually does not have a legal duty to settle quickly. Insurance companies are aware that most people are in a hurry to settle their case; therefore, they often use this tactic in attempt to get an individual to settle for less. During this lengthy time, the insurance company is generally working to uncover anything they can about you and the accident. You will often receive multiple questions to answer under oath. You will also be required to produce medical records and any other important documents.
Many courts now require Chicago personal injury attorneys to mediate or arbitrate cases prior to going to trial. During mediation, a neutral party will try to help the parties reach a middle ground. Arbitration is a “mini-trial” of the case in front of a panel of judges or an arbitrator who listen to an informal presentation of the details.
If your case does not settle, a trial is necessary and a jury will decide on your injury compensation. Trials are not scheduled on an Illinois personal injury lawyer’s schedule. Trials are on the court’s schedule. This can lengthen the legal process by years.
Even if you go to trial, there may be an appeal or further motions and hearings. In addition to these lengthy legal processes, you may have difficulty collecting from the insurance company or responsible party. The main point to remember is to stay patient throughout the legal process and to have a competent, experienced Chicago personal injury attorney on your side.
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