Spring Newsletter 2006

What Takes Some Cases So Long?

We included this article in our last newsletter, which is distributed to our clients. We want to share it with you in case your clients ask you why it takes so long for a case to make its way through the judicial system.

Many clients ask us how long their case will take. That is a very difficult question to answer (same with "what is my case worth?"). Various factors enter into the length of time a case may take, and we will address many of those factors below.

One factor is the stage of the case. When the client comes to see us two weeks before the statute of limitations runs on the case, we must file a lawsuit immediately, and the length of time it takes to conclude the case depends on the legal process. If an accident happens the week before we meet with a client, we will typically attempt to obtain all of the medical records and try to negotiate a settlement without filing a lawsuit. If successful, this benefits the client in that the case will not take as long, and the client will not have to endure as much stress, anxiety and inconvenience as they would have had to endure if the case goes to court.

However, if that process is unsuccessful, we will have to file a lawsuit. In that event, the attempts at settling the case before filing the lawsuit will add to the length of time the case takes. At that point, the legal process will take its course, and various issues determine the length of time a case will take once a lawsuit is filed.

Lawsuits vary in how long they take from beginning to end. The county where the lawsuit is filed can dictate the length of time the case takes. Some counties have small dockets (the list of cases coming up for trial), and some have very large dockets. If your case is in a large county, you may be placed at the end of the line and have to wait your turn. If it's a small county, the opposite may be true. In addition, some judges move their cases along quickly while others let the case take its own course. Typically, however, a case takes between six (6) months and eighteen (18) months to reach trial.

Notwithstanding the above, other factors may delay the case even further. These factors can include conflicts, expert witnesses, other witnesses, the client's health, and even war. In the case of conflicts, if several attorneys are involved in one case, it may be difficult for all of them to agree on a date, especially if one has an older trial pending on the date of your trial. Older cases take priority in Alabama if two cases are set on the same day. Consequently, the judge may continue the case due to the attorney's prior commitment.

Sometimes witnesses are not available for the trial date, and one of the parties will be prejudiced if the witness cannot testify. This happened to us recently when a police officer could not be in court because he was in the reserves. He was called to duty in Iraq, and therefore, we had to have the case continued until he returns. Obviously, he could not postpone his tour of duty, and we could not try the case without him.

Many times, we need to continue the case because our client has not finished medical treatment. This happens very often in workers compensation cases. When a client has not reached "Maximum Medical Improvement" (MMI), according to the doctor, the compensation cannot be calculated, and the judge cannot make a ruling. Consequently, the case must be continued. This can also occur in other injury cases, and in such an event, we need the case continued so we can take the doctor's deposition and determine the extent of our client's injuries.

Finally, the State of Alabama has its own set of problems which can affect the length of a case. A couple of years ago, the State's finances were so bad that they had to reduce the number of jury trials because they could not afford the juries. In some counties, such as Talladega, the number of jury trials was drastically reduced. Talladega only had two weeks of jury trials that year, and the criminal trials took priority over the civil trials. You can imagine how much that delayed civil cases.

As you can see, it is very difficult to predict when a case might reach a conclusion. We have had cases in the office which concluded in two months, and we have had cases to exceed five years. Usually, the more significant the injury, the longer the case will take to conclude. Insurance companies are less willing to let go of a large amount of money without significant discovery through the legal process.

Hopefully, this answers some of your questions about the length of time it takes to conclude a case. If you have questions about the legal system, give us a call, and we will be glad to try to answer your questions. Also, if you have a suggestion for a future article, contact Jon or Stuart at (205) 254-3927, and we will consider your suggestion for future issues.