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3 Reasons Why Your Personal Injury Case is Taking a Long Time to Settle

If you’ve been injured in an accident, a personal injury lawsuit is often the best way to receive help for medical bills, lost wages, and other urgent financial needs. Unfortunately, personal injury lawsuits can take much longer to resolve than people often realize. 

First, you’ll need to search “injury lawyer near me” to find a qualified personal injury attorney. They’ll help you determine a realistic course of action for your case. Managing expectations is key to planning your financial needs during the settlement process. 

In general, the more complex a case is, the longer it takes to resolve. Common issues in personal injury cases that can stretch the process include the following:

Liability Dispute

A liability dispute is a disagreement between the parties involved in a personal injury lawsuit about who is responsible for the injury. In a personal injury case, the plaintiff must prove that the defendant’s actions caused their injury, and the defendant may deny liability and argue that they are not responsible.

A liability dispute can significantly impact the length of a personal injury case, as the parties may need to gather evidence and conduct investigations to determine who is at fault. The defendant may argue that the plaintiff was partially or entirely responsible for their own injuries, which can further complicate the case. 

Resolving a liability dispute may require depositions, witness interviews, and other forms of discovery, which can add months or even years to the length of the case. If the parties are unable to reach a settlement and the case goes to trial, the jury will be tasked with determining liability, which can also add to the length of the case.

a man in a blue shirt

Settlement Negotiations

A trial is typically considered the last resort in a personal injury case. Instead, parties will attempt to reach a mutually agreeable resolution through settlement negotiations. In settlement negotiations, the plaintiff and the defendant, often through their lawyers, discuss the amount of compensation the defendant will pay to the plaintiff to settle the case.

During negotiations, the plaintiff’s lawyer will present the defendant with evidence supporting the plaintiff’s claim and make a demand for compensation. The defendant’s lawyer may then give a counter offer, and the parties will continue to negotiate until they reach a settlement agreement or decide to proceed to trial.

Settlement negotiations can take weeks or even months, and the parties may engage in multiple rounds of negotiation before reaching an agreement. If a settlement is reached, the plaintiff will receive the agreed-upon compensation, and the case will be resolved without going to trial.

Medical Evidence

If the plaintiff’s injuries are severe and require extensive medical treatment, the case may take longer to resolve as the plaintiff may need time to recover and undergo treatment. The plaintiff’s lawyer will often work with medical experts to determine the full extent of the plaintiff’s injuries and the future medical care they may require, which can impact the settlement amount.

Some common injuries associated with personal injury lawsuits include whiplash, broken bones, spinal cord injuries, traumatic brain injuries, and burns. Their severity can vary; these injuries can vary widely, from relatively minor injuries that require a short period of recovery to more serious injuries that may require long-term medical care and result in permanent disability.

Your case can still be settled even if your treatment is underway. Your attorney will work with medical experts to help determine your long-term care needs – information that helps calculate your settlement. 


When dealing with a personal injury case, there are many factors that can contribute to the delay. Understanding these reasons will help you prepare financially, medically, and emotionally. With realistic expectations, and the support of a qualified attorney, you can have confidence that your interests are safeguarded during this process.