How Delays in the Process Work Against Plaintiffs


When it comes to civil trials involving personal injury law, the defendants and insurance companies are quick to use tactics that would allow them to pay out the lowest amount possible to the plaintiff. One of the most common tactics used is the attempt to delay the process through extended discovery, motion to dismiss a complaint, motion to change forum, or avoiding service of process.

There are many reasons that the defendant attempts to delay the process, but in many cases, it is in hopes of hurting the plaintiff’s case. How does this work and how does one prevent it? It begins with knowing how and why a delay in a trial process can impact a plaintiff.

Delays Are Attempts to Get the Plaintiff to Settle

Let’s face it: insurance companies are civil trial veterans. They often go into trials knowing what they want to do, how they want to handle matters, and what tactics they want to employ. Even more, they know that plaintiffs are at a time in their lives when they are struggling and more than likely vulnerable.

Insurance companies know that victims are most likely dealing with medical expenses, are unable to work, and have to provide for their families. The longer a trial goes, the more expensive those bills become, and the greater the need for monetary compensation.

The hope is that the plaintiff will settle for the lowest amount offered by the insurance company instead of continuing with the trial, even if the plaintiff has a solid claim for more money.

Tactics Used to Delay Lawsuits

There are many different ways defendants attempt to delay a trial.

Here are a few of the most common:

  • Avoiding Service of Process – This means the defendant is avoiding places where they may be served notification of the lawsuit.
  • Motion to Dismiss Complaint – The defendant may file a motion to dismiss a complaint, and in some cases, the plaintiff may need to redraft the complaint.
  • Motion to Change Forum – Because the plaintiff chooses where a lawsuit is filed, the defendant can seek a change in the forum or venue, delaying the case.
  • Appeals – Even after a verdict has been made, the defendant may file an appeal in which the judgment may be stayed until a decision of the appeal has been made.

Our Pennsylvania personal injury attorneys at Handler, Henning & Rosenberg LLC understand the various ways insurance companies and defendants attempt to delay trials to pressure victims into settling. However, it is important to understand the importance of trial-by-jury. It is our goal to help the injured individuals seek the compensation and justice they deserve, as well as encourage change in the underhanded ways defendants often operate.

To discuss your potential case with our legal team, call us today at (888) 498-3023.

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