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Why Do Lawsuits Take So Long to Resolve? Understanding Legal Delays

July 23, 20252 min read

Whether you’ve been injured in a car accident, experienced medical malpractice, or are pursuing a wrongful death claim, you may find yourself asking the same question: Why is this lawsuit taking so long?

At Nelson, Bryan, and Cross, we understand the frustration clients feel during long legal battles. While TV dramas wrap up cases in under an hour, the real-world legal system is far more complex. Here's why lawsuits—especially in Alabama—often take months or even years to reach a resolution.


1. Investigation and Evidence Gathering Takes Time

Before a case ever sees a courtroom, attorneys must conduct a thorough investigation. This can involve:

  • Interviewing witnesses

  • Reviewing medical records

  • Analyzing police reports

  • Consulting with experts

Rushing this process can hurt your case, so thoroughness is key.


2. Medical Treatment May Still Be Ongoing

In personal injury cases, your medical recovery often determines the value of your claim. If you settle too soon—before understanding the full extent of your injuries—you risk under-compensation.

That’s why attorneys typically wait until you’ve reached maximum medical improvement (MMI) before negotiating a settlement.


3. Courts Are Backlogged

Alabama courts often face heavy caseloads, especially in populated counties. This means even after your case is filed, it may take months to get a hearing or trial date. COVID-19 worsened these delays in many jurisdictions, and the effects are still being felt.


4. Insurance Companies Stall Tactics

Insurance companies are notorious for:

  • Delaying responses

  • Requesting excessive documentation

  • Making low settlement offers

They hope you’ll get tired and take less than you deserve. A skilled attorney knows how to push back and stay persistent without compromising your rights.


5. Negotiations Take Time

Most lawsuits don’t go to trial—they settle out of court. But reaching a fair agreement takes careful negotiation. Your attorney must weigh:

  • The strength of your case

  • Liability disputes

  • The damages you're owed

  • The risk of going to trial

Sometimes multiple rounds of back-and-forth offers are necessary before an acceptable settlement is reached.


6. Trials Are Rare—But Complex

If your case goes to trial, it adds more time and complexity:

  • Pre-trial motions

  • Discovery process

  • Jury selection

  • Expert testimony scheduling

A trial may be months away from your filing date, and even longer if appeals are involved.


So What Can You Do?

Patience is hard—but it's often necessary for justice. Here are a few tips:

  • Stay in close contact with your attorney

  • Follow medical advice and keep all appointments

  • Keep records of everything related to your case

  • Don’t post about your case on social media


Nelson, Bryan, and Cross: Fighting for You, Start to Finish

We know you’re eager for closure—and we’re just as eager to get you the justice you deserve. At Nelson, Bryan, and Cross, we won’t settle for less just to close your case faster. We’ll take the time needed to build a strong, successful claim—because that’s what you deserve.

Contact us today to schedule a consultation. Let us handle the waiting—while you focus on healing.

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