7 Reasons Car and Truck Wreck Cases Take So Much Time to Resolve
In most courtrooms today, two equally powerful yet opposing forces collide: the right to a fair and speedy trial and the time it takes to prosecute a case within a massive legal system. Speed and settlement versus quality and process.
While it’s true some car and truck wreck cases are settled in as little as a few months and others can take several years, most are resolved between those extremes. That means a lot of waiting.
For victims of a car or truck wreck, it’s important to understand this system so they can reap its benefits while having realistic expectations throughout the process. Here are key factors that add to a case’s time line:
1. Cases are COMPLICATED
No two car and truck accident cases and no two sets of litigants, attorneys, juries, and judges are the same. They are all unique in their facts, scenarios, motivations, and strategies. That means there are no right or wrong or faster or slower ways of handling cases. Every case is unique and requires its distinct time frame.
2. There are a LOT OF STEPS in the process
Our legal system is large and comprehensive, with layers of structure and hierarchy. From filing cases to entering judgments to interviewing witnesses to conducting the trial and to a possible appeal, it can seem an exhausting and endless process. And every step takes time. The system is set up so that the fairest and most complete verdicts are reached, not the quickest.
3. Victims have to PHYSICALLY RECOVER before litigation begins
One of the factors that can lengthen cases is the extensive amount of time it can take for a victim to recover from his injuries. Until he does, the full extent of his injuries can’t be detected or determined. There are secondary and long-term consequences that were not initially discovered, and it’s to the benefit of the victim to find out how extensive the damages were.
4. Cases must be CAREFULLY CONSTRUCTED
Participating in a legal case is like going to war. There is a lot of preparation, strategizing, and execution required. The battle plan in your case—filing forms, collecting evidence, interviewing witnesses, and creating a solid defense—all require quantity and quality time, and it's the victim's responsibility to prove his case. The most detailed and convincing cases get the best settlements.
5. The courts are CROWDED
Americans know their constitutional legal rights, and they like the use them. A lot. According to the Institute for the Advancement of the American Legal System, every year, 100 million cases are filed in state trial courts while roughly 400,000 cases are filed in federal trial courts. With that type of volume, you can see why it takes the time it does to get through such a vast caseload.
6. PEOPLE can be problematic
Our legal system is an adversarial one, pitting one side against another. And quite frankly, people can be deceptive, disruptive, devious, and downright dishonest. Especially when the stakes are so high for both the accused party and victim, there are an endless amount of legal and even questionable tactics that can cause confusion and delay. The more is at stake, the longer it can take.
7. There’s always the option to APPEAL
Even after participants have gone through the lengthy and demanding trial process and have reached a verdict, there is always the option to appeal the decision. That’s because our system wants to make sure that a fair trial is conducted, the right decisions are made, and justice is served. Undeserving parties win, injustice occurs, and the system fails. Appeals offer another chance at achieving justice.
Amy Witherite, founder and lead attorney at Witherite Law Group, says, "Everyone is aware that the typical car or truck accident case can take a lot of time. That's the good part and the challenging part of the process we have and the reason that you need to make sure your legal team knows the system well, can maneuver through it, and get the results that will best benefit your situation.”
The accident attorneys of Witherite Law Group help those who have been injured in a car or truck accident. Get legal help today by calling 1-800-CarWreck® or 1-800-TruckWreck or visiting www.WitheriteLaw.com. We’re available 24/7.