Winning a personal injury lawsuit can help you cover medical bills, lost wages and the cost of future care, but what happens when you face major roadblocks in court? Delays can be common during such cases, and while some may be difficult to challenge, understanding which you might fact over the course of your trial may help you handle such adversity.
An insurance company acting on behalf of the defendant may ask for a motion to dismiss, which questions the validity of your claim. Your law team will then likely fight the motion by proving that your case is not only valid but that the defendant was responsible for your injury.
MedlinePlus reports that falls are a common cause of bone fractures, and if this happened to you as a result of someone else’s negligence, the defendant’s insurance company may try to offer you a settlement to avoid a trial. The particulars of a settlement, to the amount you are offered to what you feel your claim is actually worth, can stall proceedings for months. Your lawyer can help you negotiate terms of a settlement, but it is important to remember that you do not have to accept one and continue forward with your case.
Your trial may be stalled by judiciary red tape; for example, you may have to file additional paperwork, provide evidence as it appears and submit information as the court or defending party requests it.
While roadblocks to winning a personal injury case can be frustrating, patience may yield a larger award than accepting a smaller settlement.