You’re injured, bills are piling up, and the case seems stuck without progress. Each week without an update can leave you frustrated. At some point, you might ask yourself: Why is my lawyer taking so long to settle my case?
Delays don’t always mean your lawyer isn’t working. Personal injury claims can move slowly for many reasons, such as medical treatment, insurance tactics, or disputes over liability. In some situations, waiting helps protect you by confirming that your settlement reflects the full impact of your injuries.
Here are four reasons your case may still be pending.
1. Your Medical Treatment Isn’t Complete
One reason cases stall is that you are still recovering. Lawyers usually hold off on settling until your condition has stabilized and the long-term care you may need is clearer.
Until then, it’s hard to put a reliable number on future costs like physical therapy, medication, or reduced earning capacity. By waiting until your health outlook is more certain, your lawyer can negotiate compensation that reflects your current situation and what you’ll need down the road.
2. The Insurance Company Is Stalling
Insurance companies are notorious for slowing down claims. The longer they drag things out, the more likely they think you’ll accept less than your case is worth.
Common tactics include:
- Requesting documents again and again. Even after you’ve sent records, they may repeatedly claim not to have them or demand the same paperwork.
- Going silent. Adjusters sometimes stop returning calls or switch your case to a new adjuster, forcing you to start over.
- Making lowball offers. An early settlement number may fall far below what your claim is worth.
- Disputing fault. California’s comparative fault system allows insurers to reduce what they owe if they can assign some blame to you. Raising questions about liability is a common stalling tactic.
Your lawyer’s role here is to push back and help prevent delays from stopping you from getting the payout you’re entitled to.
3. The Case Is Complex
Some cases take longer because there are more moving parts. The timeline stretches out if liability is disputed, injuries are severe, or several parties are involved. Your lawyer may need extra time to gather evidence, consult experts, or sort through conflicting accounts of what happened.
Factors that can affect how long a lawsuit takes include:
- Disputes over fault. When the other side denies responsibility, your lawyer may need accident reports, witness statements, or even accident reconstruction experts to prove what happened.
- Serious injuries. Long-term conditions require a careful look at future costs like lost earning capacity or lifelong care.
- Multiple parties. Personal injury cases involving several vehicles, companies, or insurers take more time because every party has lawyers and adjusters weighing in.
- Delays in records. Medical providers, police departments, or employers don’t always release documents quickly. A case can’t move forward until those records are in hand.
When the details are layered and complicated, your lawyer’s job is to build a complete case that reflects the full impact of your injuries and keeps insurers from downplaying what happened.
4. The Case Is In Litigation
Your lawyer may file a lawsuit if your claim doesn’t settle through negotiation. Once that happens, the timeline usually slows down. Court cases move at the court system’s pace, which can feel slow compared to direct talks with an insurance company.
So, how long should a personal injury case take to settle? In California, a personal injury lawsuit may take a year or more to resolve, though settlement is still possible at any stage. By contrast, cases that settle without litigation are often resolved in a matter of months.
Here are a few other reasons litigation may take longer:
- Discovery. Both sides exchange information such as medical records, witness lists, and expert reports. This step can drag on if one side resists handing over documents.
- Motions. Lawyers may request the judge to decide specific legal questions before trial. Each motion requires time for arguments and rulings.
- Trial preparation. If settlement talks continue to stall, both sides must prepare for trial, which includes depositions, expert testimony, and gathering exhibits.
Litigation does not mean your case will never settle. It simply means settlement may happen later, sometimes just before trial begins.
How to Address Communication Issues with Your Lawyer
Delays in settlement are one thing. Feeling like you’re not getting updates from your lawyer is another. If you’re worried the silence is more than the usual wait, here are steps you can take to get answers:
- Ask for a status update. A simple message can go a long way: “Just checking in on my personal injury case. Can you update me on where things stand and what steps are coming up? Thanks.”
- Request a timeline. If delays continue, be direct: “I’d like an update this week on what’s holding up settlement, what steps are still pending, and an estimated timeline.”
- Clarify the reason for the delay. Sometimes the wait is strategic. You can ask: “Can you tell me whether the delay is due to negotiations, medical updates, or something else?”
Clear communication is part of the service you should expect. If messages go unanswered, contact the lawyer’s paralegal or ask for a supervising attorney.
You can also consider other options. Filing a complaint with the state bar or finding a new lawyer are both possible. Should you switch, the new lawyer can request your case file directly from the previous one.
Choosing the Right Lawyer Going Forward
Understanding why your lawyer is taking so long to settle your case is an important step in managing expectations and protecting your rights during the personal injury process.
For over 40 years, Wells Call Injury Lawyers has helped injured Californians recover over half a billion dollars. We know how stressful it is to wait without updates while bills add up. Our team prioritizes communication and keeps clients informed about where their case stands.
If you are considering a new lawyer or want answers about your case, reach out to us. Call Wells Call Injury Lawyers for a free consultation, and get a better understanding of how long it takes to settle a case and what to expect in your situation.