Telling Time

Time after time, clients will ask, “Why is this taking so long?” In the litigation context, it’s likely not because your lawyer is going slow, or falling behind as the second hand unwinds (ever have those days where a song just will not get out of your head?). Rather, it’s your lawyer doing what he or she can within a legal system that commands patience.

Unfortunately, the litigation process is time consuming and is not a quick-fix solution to a problem. In addition to the time it takes to investigate a claim and the time periods the law allows certain actions to take place in, scheduling becomes a problem due to the multiple schedules that must be coordinated. It is not unusual for a lawsuit to drag on for a year or more.

After the lawsuit is filed and served, the Defendant has thirty days to file an answer to the complaint. The defense attorney routinely requests and is routinely granted a thirty day extension on the original due date, causing an initial delay in the case of sixty days. Once the answer is filed, discovery begins and can go on for several months.

Discovery typically begins with a long list of questions called Interrogatories and Requests for Production of Documents. These also must be answered within thirty days and, again, both sides routinely request and are routinely granted thirty day extensions on the original due date. Once the written questions are answered, one or both sides will then begin conducting depositions. Depositions are a legal proceeding where you are sworn under oath and the opposing attorney asks you a lot of questions for about an hour or more on average. Since the schedules of both attorneys, the deponent, and other necessary persons must be coordinate, it’s not uncommon for depositions to be scheduled several weeks or months out.

Once depositions are completed, a mediation will more than likely take place depending on the circumstances of your case. Mediation is a settlement conference without the formalities of court, where a neutral party (the mediator) will try to help the parties reach a middle ground and settle the case. During the typical mediation, the mediator (usually also an attorney), both attorneys, both parties, and an insurance adjuster must be present. That’s a lot of busy schedules to coordinate, and mediation can also be scheduled several months out. If the case does not settle at mediation, then the next step will be a trial.

Trial dates are sometimes hard to come by. The court system is often inundated with cases each year which causes a rather large docket and everyone must wait their turn. Trial can also be delayed due to continuances for various circumstances and motions made by either side requiring a hearing in front of a judge.

None of this even usually happens until you finish treating with your doctors, have begun negotiating with the insurance company, and found those negotiations impassed. Having a case that is two or three years old before it goes to trial isn't unusual (unfortunately). If an appeal arises from the trial, then it could be several more years before the case is resolved completely.
Most attorneys feel you have the right to efficiency and prompt attention in your case. However, despite their often best efforts, the litigation process demands patience. It is time consuming and taxing. But, the prosecution of your case is the only chance you will have to secure justice for yourself due to the negligence of someone else. I think that’s worth the wait.