Things You Can Do When Your Personal Injury Case Has Stalled

A personal injury lawsuit is designed to ensure that the appropriate party takes responsibility for the consequences of his or her negligent or dangerous actions, situations and/or practices. It is wise to engage the services of a qualified attorney when filing and following through on a personal injury lawsuit. As with any relationship, your partnership with your lawyer functions best when you know what to expect, how to interpret information, and how to handle your case if you feel it has stalled.

Court cases slow down or come to a grinding halt for many different reasons, and due to the action  or inaction of several different parties. In some cases, a slowdown or stalling of your case may be entirely appropriate, albeit frustrating, while in others, such a delay is merely a tactic used to avoid assuming liability. Understanding exactly what caused your case to slow down can help you decide on how best proceed in picking the case back up.

Negotiations regarding a settlement in your case may have stalled due to the unpredictability of your medical situation. An insurance company or other responsible party may be waiting for a more complete and reasonable estimate of the cost of your care. It is important to wait until your medical providers can predict with a reasonable degree of certainty the amount of future care you are likely to need and your legal team can estimate the expense associated with such care. Prematurely pushing ahead with settlement negotiations could result in compensation that fails to cover future needs that develop as a result of your injuries.

To be blunt, some attorneys take on more cases than they can handle. Your lawyer may have believed that your case would be easily settled, allowing him or her to collect fees with relatively little work. As your case became more complicated, your attorney's other clients may have demanded more of his or her attention, taking it away from your case. When you call your lawyer's office, are you still treated well or are you promised a callback that never happens? You deserve an attorney who will keep your case as a top priority, so if you continue to provide necessary information and documentation to your attorney with little progress being made, it might be time to consider hiring a new lawyer.

As you and your attorney continue negotiating for a settlement, the parties from whom you are seeking compensation have a direct impact on the time it will take to resolve your case. Large corporations and insurance companies will often drag their feet in personal injury cases, in the hopes that you will give up your suit rather out of frustration or time and expense. When facing a delay caused by the liable party, you have three choices: you can give up your claim and forfeit a potential recovery; you can wait it out, hoping your persistence will be rewarded; or you can take your claim to court. Litigating your claim is also a time consuming process, and many cases take months or longer to reach a resolution. However, deadlines will be set by the court for both parties and failure to comply on part of the defendant can result in legal sanctions and financial penalties.

If you are considering filing a personal injury claim or your case has stalled and you are ready to find a new attorney, our knowledgeable team is ready to help. Please contact the dedicated San Jose personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. for a free consultation today at (408) 289-1417.