Victims of no-fault accidents are all too familiar with the harsh reality that their legal cases might not see a resolution anytime soon. In most cases, delays in the justice system can have serious consequences for everyone involved, particularly victims of personal injury. These consequences include both physical and psychological damages, as well as financial losses.
Point being—it is important to understand why these delays occur and what solutions can be implemented to address them.
What is a Delay in the Justice System?
A delay in the justice system occurs when there is an unreasonable prolonging of court proceedings or other legal processes without valid justification.
The causes of delays in justice are a collective failure and can result from any number of factors, including defense attorneys, litigants, elected representatives, and insurance companies with ulterior motives. More specifically, defense attorneys and insurance companies often use delaying tactics to frustrate the victim and secure a stronger negotiating position.
Unfortunately, these delays can lead to great injustice for those affected, especially personal injury and accident victims with valid claims.
Impact on Victims and Public Confidence
Delays in the justice system harm many injured victims who are awaiting the resolution of their legal cases. More often than not, those who are injured in a no-fault accident often experience disappointment with the length of time it takes for their injury case to make its way through the court system. Not only does this cause stress and financial difficulties for victims and their families, but it also erodes public confidence in the judiciary process and the rule of law.
For instance, the habit of defense lawyers and insurance companies dragging out the discovery process is a significant contributor to the unreasonable delays of pending claims.
This leads to a lack of trust in the laws and courts, resulting in fewer people being willing to pursue legal action against wrongdoing entities or individuals—which further perpetuates injustice within our society.
Solutions to Address Delays in the Justice System
Several potential solutions could help address delays in our justice system:
- Raise the number of courts/tribunals with specialized purposes.
- Provide technological machinery for rapid adjudication;
- Enhance education among laypeople to improve understanding of legal processes;
- Establish more support services for victims of legal delays (e.g., counseling);
- Implement strict laws/policies against unreasonable prolonging of court proceedings by defense attorneys or insurers.;
- Stop treating pre-settlement funding as a traditional loan and recommend pre-settlement funding instead. Due to extremely high risks of non-payment, if the lawsuit loses, legal funding companies refuse to finance claims in states where usury laws apply to them by forcing them to charge interest rates as financial institutions. Consequently, insurance companies win the advantage of this lack of access. In the end, plaintiffs have no choice but to accept lowball settlements.
These solutions would go a long way toward reducing wait times and increasing access to justice for cash-strapped victims fighting for justice against multi-billion dollar insurance companies.
How Lawsuit Funding Helps Personal Injury Victims When Facing Settlement Delays
Lawsuit funding from a reputable company can be a lifesaver for personal injury victims who are struggling financially while their cases remain unresolved.
This type of financing provides the financial support these victims need to cover expenses such as medical bills, transportation, and daily expenses that result from the accident. Additionally, legal funding is indispensable when a case is taking longer than expected to resolve due to settlement delays and loopholes in the justice system.
Instead of having to worry about financial burdens while accident victims are trying to get better, they can use pre-settlement financing to maintain some semblance of financial stability in the face of protracted delays with a settlement or trial.
The funds provided by lawsuit financing companies can be an invaluable asset for those dealing with long-term financial hardship due to an injury or accident. Not only does it provide vital assistance from unexpected emergency costs, but it also helps them focus on getting better without having to be financially overwhelmed during the wait for justice. They are able to pursue their case until it succeeds.
Delays within our judicial system should not be tolerated—they have an adverse impact on victims and erode public confidence in our judicial system overall.
This is why it’s important that we recognize this problem and take steps to address it by implementing solutions such as increasing courts/tribunals with specialized functions, providing high tech for rapid adjudication, establishing more financial support services for victims of settlement delays (e.g., counseling, lawsuit funding), enforcing strict laws against those who choose to unreasonably prolong court proceedings unnecessarily (e.g., defense attorneys), and reforming regulations those states that block lawsuit funding from providing financial assistance to victims in need.
Taking action on these fronts will go a long way in improving access to justice for victims everywhere and restoring faith in our judicial system as a whole.