Why An Injury Case Is Sometimes A Waiting Game

Few things are as upsetting to an injured person pursuing a claim as feeling like the whole process is a waiting game. It's important for clients to understand, though, why a personal injury attorney may have to wait. Let's look at three of the biggest reasons a personal injury lawyer might encourage a client to be patient.

Time for the Client's Physical Recovery

Whatever your attorney includes in the demand package that goes to the defendant or their insurance company is what you have the right to claim. Once you've made a demand, it's close to impossible to add more to it.

Suppose you discover 6 months from now that what you thought was a strained muscle in your back is actually nerve damage that may cause permanent paralysis. If you filed your demand package before the nerve damage was known, you're almost certainly not going to be able to add it to your claim. That means there won't be compensation to cover it.

A personal injury attorney wants to see your physical state improve as much as possible before filing a claim. That way, they have as clear of a picture as possible of what's wrong with you and whether certain issues will last the rest of your life.

Reports, Tests, and Exploratory Surgeries

Injury cases often lean hard on expert testimony and tests. This includes documenting statements from EMTs, firefighters, police officers, and emergency room personnel. Likewise, it means getting reports from specialists once your condition is stable enough to allow diagnostic work. You may even need exploratory surgeries to see what's happening inside your body.

Every bit of that takes time. Even if a personal injury lawyer just needs to track down a police officer to talk about what the scene of an incident looked like, they have to identify the cop, contact them, and find a time to speak.

Tightening the Demand Package

Once a personal injury attorney has all of the information for a case, they need to write up the demand package. This is a collection of documents, often with supporting items like charts, photos, and spreadsheets.

The demand package explains why you believe the defendant is at fault and owes you compensation. Normally, a defendant will have counsel review the demands to make sure everything is right. It's best to send a tightly written and thoroughly considered demand package rather than firing one off right away.

To learn more, contact a resource like Leisawitz Heller.


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