What can I do to speed up my personal injury case? 34 Answers as of October 18, 2011

This question depends on why your case is stalled. I advise my clients to wait to settle a personal injury case until they are medically stationary. This doesn't necessarily mean that you are completely healed. It means that your medical prognosis is that you are either healed or you are not going to get any better or worse in the near future. If you are not completely healed, it is helpful if your doctor is willing and able to testify as to how permanent your injury is and what treatment you face for what cost in the future. If you are not medically stationary and you resolve your case, you risk finding out later that your injury was worse than you thought and you deserved more money. Once you sign a settlement agreement you release the other party from any future financial responsibility for their negligence. If you can hold out financially, it is usually better to do so. If you absolutely cannot, you need to have a serious discussion with your lawyer about your options. Some cases are held up simply because the two sides disagree on some aspect of the case and litigation will be necessary to resolve it. It is not uncommon for the parties to disagree on how much the case is worth, whether the defendant was negligent, whether the plaintiff contributed to the negligence, how long it should take to heal and many other aspects of the case. That is why we have lawsuits, so that an impartial finder of fact can decide these issues after both parties have an opportunity to present their best case. Litigation is a long and difficult process. I always go over this with my clients prior to filing a lawsuit. In fact it is one of the things I discuss with them when I sign them up for representation. A lawsuit can take years to resolve and can be emotionally draining for someone who is trying to recover from even a fairly minor injury. When the parties are at an impasse your options are limited. You can try to settle the case in a fire sale (for less than it is really worth), you can drop the case, or you can continue to fight. Again, it is time to have a sit down with your attorney to discuss your dilemma and your options. Some cases are held up because the lawyer is busy working on other cases and your case is not a priority to them at this time. If this is the case you need to stress to your attorney that you need to be moved to the top of the heap because of your dire financial circumstances. Having said that, you need to recognize that there is only so much that the lawyer can do. Defense firms like to stall cases so they can bill additional hours to the insurance company. Your lawyer wants to resolve the case quickly. The longer it goes on the less money your lawyer makes per hour (if he or she is working on a contingency fee basis). The defense is getting paid by the hour, so they want to do as much work as they can. Realistically, five months is not a long time in a personal injury case. It is likely that your lawyer has not even filed a lawsuit yet. It can take over a year for a case to be ready to file and once it is filed it can take years to get to court.

Unfortunately most personal injury cases take at least a year before being resolved. We advise clients that the process runs 18 months to 2 years. Many injured victims need at least a year to determine the extent of any permanent injury. So as difficult as it is, it probably is in your best interests to give the process the time needed to reach a point where settlement can be reached in an amount that adequately compensates you.

There is not enough information to answer the question. These types of cases can go on for years, depending on the nature of the accident, the type and extent of injuries, the diagnosis and treatment of your condition and the prospects for permanent impairment, and that's just for starters. It is possible that the case cannot be sped up.

A case is like fine wine it cannot be closed out until it is time.

You can get PIP benefits to pay for medical expenses and lost wages and/or you can settle your case for pain and suffering.

Five months is nothing! Don't be in a rush. It could hurt you. Keep in contact with your attorney.

Unfortunately, the court system can move pretty slowly, especially when you're in a bad situation and need a case resolved in order to get on with your life. All you can really do is stay in touch with your personal injury attorney and provide whatever information you are asked to provide as quickly as possible. Ask your attorney about the likelihood of getting a litigation loan. It might be worth doing.

It is not clear as to whether your case is in litigation or otherwise. If you don't already have an attorney, you should at least consult with a locval plaintiff's personal injury or accident attorney.

I cannot give individual advice to you because you probably already have an attorney. I can discuss this issue in general. The short answer for a Plaintiff wanting to settle quickly is to settle for less that the case may ultimately be worth. An insurance adjuster will usually offer some money early on, but it is usually a lot less than most plaintiffs will settle for. Several things must happen before you can obtain a fair settlement. First, you must reach maximum medical improvement, meaning your injury is stable, and you will get no better. Often this is when you are "released" from your doctor's care. It is really premature to even begin negotiating if the doctor is still treating you, unless the doctor is treating you after you have reached MMI. After you have reached MMI, the attorney must get all of your medical records and bills and either put together a demand package for the adjuster, or file suit. This can often take several months if the medical treatment is complicated, because it takes to five seeks to get medical records from most doctors, and with some you have to request the records twice, causing it to take a couple of months. Sometimes, after getting all of the records, you discover you failed to request records from a medical provider. This is because the client didn't tell you about this provider (often because the client didn't know the provider, such as a pathologist, radiologist, or anesthesiologist, had his own separate records and bills. The attorney notices this when he reviews the records and sees a reference to this other medical provider. Once the attorney submits the package to the adjuster, it often takes one to three months for the adjuster to respond. Some attorneys skip this step and just file suit. Because of all of the steps described above, it is often a year to three years after the accident that suit is filed (keep in mind, it often takes over a year to reach MMI). Once you file suit it takes 30 to 60 days for the Defendant to file an answer. Usually, no offers are made until discovery (answers to written interrogatories, production of documents and tangible evidence, and depositions) is substantially complete. Discovery often goes on for 3 to 8 months. The bottom line is, it is difficult to settle any significant case inside a year, from one to two years is probably normal, and it can easily stretch out for over three years if you have to go to trial. At any point along the way, you can accept what they are offering.

Five months is nothing. These cases can take years.