Why does a personal injury lawsuit sometimes seem to drag on and on? Often it is due to the tactics of defense attorneys trying to stall the case to their advantage. Why? The answer lies in the opposing goals of the plaintiff’s lawyers and the defense.
When you retain personal injury lawyers, both your lawyer and your goal is to get the best compensation possible in the quickest time period. Your bills need to be paid and the sooner you get paid for your medical expenses, lost wages and all other related expenses, the sooner you can stop worrying about financial consequences of the accident and focus on recovery and getting on with your life. Likewise, your personal injury lawyer will not get paid a dime until you receive your settlement or verdict. He or she will only get paid at the end of the case since the fee is contingent on a good settlement.
On the other side of the table, however, is the defense attorney. He or she most often works for the insurance company that represents the party you claim is responsible for your injuries. Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.
Tactics Defense Attorneys Use to Stall a Case:
- Send out pages of unusual and excessive demands. Demands basically ask the plaintiff to produce information. The defense is allowed to ask for anything—and then it is up to the plaintiff’s lawyers to determine if it is relevant information. They can ask for medical records dating back 15 years, authorizations for every doctor ever visited and other requests that can take days to produce.
- Adjourn (put off or postpone) depositions as many times as they can
- Produce piles of unnecessary paperwork that complicate the case
What do our personal injury lawyers do to help move the case forward?
Our experienced lawyers are very used to the process and demands from defense lawyers. We work hard to gather the information we know is relevant from the start, which makes it more difficult for them to demand much more. We respond quickly to their demands and fight the motions and demands we know are excessive or have no value to the case. When we can, we work with the defense attorneys to make fair settlements that provide our clients with the money they deserve in a reasonable timeframe.
If you have questions give our Long Island personal injury lawyers a call. Whether you are a client or not, we can help answer your questions, let you know your legal options and help direct you towards the best course of action—there is never a fee or obligation.