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Why Is My Case Taking So Long?

Why Is My Case Taking So Long?
If you were the victim of a personal injury accident, you may be noticing your case is taking a long time to settle. This is the norm with Massachusetts personal injury cases. Here are the reasons why.
Nearly all accident cases cannot settle until all medical treatment is finished. For example, if you had a car accident, following a visit to the hospital, you may be receiving either physical therapy or chiropractic treatment. Until all of this medical treatment concludes, your case cannot settle. The exception is for serious or severe injury cases where there is only a minimal insurance policy available. In that case, the claim will likely settle before the end of medical treatment.
For all other cases, they usually go through a lengthy process at the claims stage. Once medical treatment ends, your attorney’s office will put together a demand package. For example, with a slip and fall case your attorney will collect materials that support your claim including medical records and bills, proof of lost wages, and any photographs of your injuries, and the scene of the accident that caused your fall down.
The demand package is sent to the insurance adjuster, who generally has 30 days to make an offer following receipt of the demand. Back and forth negotiations between your lawyer and the insurance company will take weeks, and sometimes months before a settlement is reached.
If the case does not settle during the claims stage, then a lawsuit will have to be filed by your accident attorney. Lawsuits take many months and sometimes years, before a case concludes. You may have your deposition taken, and if necessary, your case will be tried in court before a judge and jury. Cases in litigation take more time to resolve than cases that resolve at the claims stage.
Many cases such as complicated products liability cases, or wrongful death cases, frequently involve multiple parties, and that almost always means extended litigation.

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