Why Is My Personal Injury Claim Taking So Long?

After an accident, waiting for your case to move forward can be one of the most challenging parts of your recovery. Every week without progress adds pressure, especially when you are trying to focus on healing while medical expenses continue to rise. The truth is, every personal injury claim timeline is unique, and your medical recovery, insurance strategy, and legal details often influence it. 

At Britto & Herman Injury Lawyers, we help clients throughout Jupiter, Florida, and Palm Beach County understand these challenges and take steps to advance their cases.

A Helpful Summary for Your Journey

• Your Path is Unique – No two cases follow the same personal injury claim timeline, as your specific injuries and recovery needs set the pace.. 
• Recovery time and medical documentation directly influence how quickly your claim progresses. 
• Insurance companies often delay claims to minimize payouts. 
• Court scheduling, evidence gathering, and expert evaluations extend timelines. 
• Working with a skilled attorney ensures faster, fairer outcomes. 

Why Most Personal Injury Claim Timelines Face Delays

Delays in personal injury claims are common, but most have understandable causes. According to the National Center for State Courts (NCSC), civil cases in the United States typically take 12 to 24 months to resolve, depending on the case’s complexity and the court’s workload. It’s normal to feel a bit restless, but most delays have very understandable causes. While civil cases in Florida can take 12 to 24 months, many factors, like waiting for a hospital to send your complete medical records, are simply part of the thorough process required to build a winning case. Our goal is to manage these details proactively, so your personal injury claim timeline stays as short as possible without missing a single detail.

Common causes of delay include:

• Missing or incomplete medical records 
• Ongoing treatment that prevents accurate valuation 
• Delayed insurer responses or misplaced files 
• Scheduling issues for mediation or depositions 

At Britto & Herman, our Florida personal injury attorneys manage communication proactively and secure records early to reduce preventable delays.

Severity of Injuries and Medical Treatment Timeline

The more severe your injury, the longer the case may take. Doctors must first determine when you’ve reached Maximum Medical Improvement (MMI) before your attorney can properly value your damages; settling before this point risks leaving future medical costs uncovered.

The Centers for Disease Control and Prevention (CDC) reported that an average of 3.8 million emergency department (ED) visits for motor vehicle crash injuries occurred annually between 2019 and 2020. In 2022, there were 2.6 million ED visits for injuries from motor vehicle crashes.

Recovery for these patients varies widely, which explains why some claims take longer to finalize. Our attorneys work closely with medical specialists to ensure that all treatment and prognosis details are thoroughly documented.

How Insurance Tactics Affect Your Personal Injury Claim Timeline

Insurance companies have a duty to act in good faith, but many intentionally delay the personal injury claim timeline to pressure victims into accepting low offers. When these “bad faith” tactics arise, Britto & Herman Injury Lawyers immediately intervene to hold insurers accountable and reduce unnecessary waiting periods in your personal injury claim timeline. The National Association of Insurance Commissioners (NAIC) outlines standard bad-faith practices, including low settlement offers, unnecessary paperwork, and ignored communications.

When these tactics arise, Britto & Herman Injury Lawyers immediately intervene. We cite Florida’s Unfair Insurance Trade Practices Act, submit strong documentation, and keep a consistent communication trail. This approach holds insurers accountable and reduces unnecessary waiting periods.

Gathering Evidence and Witness Testimony

A well-supported claim relies on complete evidence. Police reports, surveillance footage, and eyewitness statements can take time to obtain, but they are crucial for proving liability.

Our team assists clients in gathering every detail, from crash scene photos to employer statements, ensuring your case has the support needed to withstand insurer scrutiny.

Disputes Over Liability or Comparative Fault

Insurers might use Florida’s Modified Comparative Negligence Law (Florida Statute 768.81) to argue for partial liability, thereby delaying settlements or reducing payouts.

Britto & Herman Injury Lawyers uses accident reconstruction and expert witness testimony to establish fault early and decisively. This minimizes uncertainty, strengthens negotiations, and facilitates faster case resolution.

When a Lawsuit Becomes Necessary

If negotiations fail, filing a lawsuit may be the only viable option for moving forward. Discovery, depositions, and trial preparation all extend timelines; however, thorough preparation can reduce the duration of court proceedings.

Our firm prepares each claim as if it will go to trial, creating leverage during settlement discussions and ensuring we’re ready to move when court proceedings begin.

How to Speed Up the Process Without Compromising Results

You can play an active role in reducing delays while protecting the strength of your case:

• Attend all medical appointments. 
• Maintain consistent communication with your attorney. 
• Keep receipts, records, and injury journals organized. 
• Avoid discussing your claim publicly or online. 

At Britto & Herman Injury Lawyers, our attorneys regularly check case statuses, follow up with insurers, and maintain detailed records to ensure progress.

The Role of Expert Witnesses in Establishing Fault

Expert witnesses such as medical professionals and accident reconstructionists clarify key details that strengthen claims. Their reports provide clarity, preventing extended debates with insurers and reducing the likelihood of trial.

Our firm works with reputable Florida experts who prepare comprehensive testimony, improving both case efficiency and accuracy.

The Impact of Court Backlogs on Case Duration

Hearing and mediation dates can be delayed due to backlogs and congestion in Florida courts. Our attorneys monitor court schedules and stay in contact with clerks to keep cases active and avoid administrative stalls.

Medical Records, Billing, and Insurance Verification Delays

Delays in obtaining medical records often prolong personal injury claims. Under US HIPAA guidelines, providers must release records within 30 calendar days, with a possible 30-day extension. When multiple specialists or hospitals are involved, the process becomes even slower.

Our legal team sends early authorization requests and verifies records for completeness, ensuring no critical data is missing during settlement discussions.

How Settlement Negotiations Affect the Timeline

Complex or high-value cases require multiple rounds of negotiation. Claimants represented by attorneys could receive higher settlements, though the legal process could take longer. Our law firm’s approach focuses on accuracy and fairness, not speed alone. Our goal is to secure the maximum recovery while maintaining efficiency.

The Importance of Choosing the Right Personal Injury Attorney

The proper representation can shorten your personal injury claim timeline and improve results. In 2022-2023, Martindale-Nolo Research found that out of their readers, those who were represented received average settlements of $77,600, compared to $17,600 for unrepresented readers.

Britto & Herman Injury Lawyers provides direct attorney access, frequent updates, and clear communication throughout every phase. We combine trial-tested experience with compassion and professionalism.

Common Questions About Your Case Progress

How long does a personal injury claim usually take in Florida?
Most claims resolve within 6 to 18 months, depending on injury severity and dispute complexity.

 

Can I speed up my case if I need money urgently?
Some cases may qualify for pre-settlement funding, but rushing could reduce your total recovery.

 

What should I do if the insurance company ignores my claim?
Your attorney can file a bad-faith complaint or begin litigation to compel action.

 

Will hiring a lawyer actually make my case take longer? 

Actually, it’s quite the opposite! A skilled lawyer typically helps your personal injury claim timeline move faster because we know exactly which documents are needed and how to bypass the common “waiting games” that insurance companies play.

How can I recognize bad-faith behavior by my insurer?
Watch for delayed responses, repeated document requests, or unjustified low offers.

Talk to Britto & Herman Injury Lawyers About Moving Your Case Forward

If your claim has stalled, you don’t have to wait in frustration. Contact Britto & Herman today to schedule a complimentary consultation. Our attorneys will identify the cause of the delay and create a plan to move your case forward efficiently. You’ll pay nothing up front. Britto & Herman Injury Lawyers only earn fees when we win your case.

About Britto & Herman Injury Lawyers

Learn more about Britto & Herman Injury Lawyers, a Florida law firm that represents injury victims across Jupiter and Palm Beach County. Founders Daniel D. Britto, a Florida Bar Board Certified Civil Trial Attorney, and Michael S. Herman, Jr., lead a client-first team dedicated to securing justice and fair compensation.