Attwood Marshall Lawyers Compensation Law Senior Associate Tina Davis sheds light on the emotional toll of litigation and the importance of persevering through the claims process despite the hurdles that can be thrown your way.
We all experience moments where we just want something to be over, especially when dealing with a drawn-out process that has been emotionally taxing and overwhelming. This is especially true when it comes to legal matters. Litigation fatigue – the feeling of being worn down by the legal process – is a real phenomenon we see all too often in the legal space.
One early sign of litigation fatigue that we tend to typically see in personal injury claims are the questions from clients such as “When do we get to a settlement conference? How much longer will this take? Will this be settled by the end of the year? Clients start to become impatient or frustrated with the legal process and become intolerable to having to wait for it all to be over. Essentially, they’re becoming worn down from the process and want an outcome now. They’re desirous of moving away from the legal process as soon as possible with a view to planning a brighter future.
Litigation fatigue is not isolated to personal injury claimants. It can affect clients involved in all areas of the law. Litigation fatigue can prove to be detrimental when it comes to decision making as often claimants want to prematurely resolve matters when they should be taking the time to pursue the appropriate legal pathways to ensure they receive fair compensation.
Sadly, insurers are all too aware that a claimant will tire of the process and want out. They often use this fatigue to their advantage, offering lower settlements that don’t reflect the full impact of the individual’s injuries.
It is important to remember that early settlement offers are always substantially less than what a claimant may expect to receive in the future.
We previously represented a young motorcyclist who suffered severe physical and psychological injuries.
While the client initially wanted a quick settlement due to the emotional strain of the legal process, we believed due to his long-term needs that he deserved a better outcome. It was not in his best interests to settle for anything less than the true value of his claim, noting his significant injuries, young age and inability to return to gainful employment.
Fortunately, the client accepted our advice, and we were able to negotiate a significant settlement at the right time. We also lodged successful Total and Permanent Disability claim which provided additional financial security. Naturally, the client was overjoyed with the outcome and so appreciative of the support and advice we had provided him throughout his claim process.
While lawyers aim to provide initial timeframes, legal matters can evolve, leading to unforeseen delays. These can stem from many things, such as the requirement for claimants to undergo specialist appointments, court appearances, addition of other parties to the claim, disclosure of documents, undertaking investigations and obtaining liability reports, consulting counsel, or unexpected surgeries for the claimant requiring further rehabilitation and potentially further medical assessments.
Every delay can feel like a setback, testing your patience and resolve. While each hurdle can be frustrating, building a solid case that accurately represents the extent of your injuries and their long-term effects is essential.
Remember, your lawyer is on your side. At Attwood Marshall Lawyers, we are here to help. We understand the emotional toll litigation fatigue can take, and we will guide you every step of the way. We will keep you informed about timeframes, any changes to those timeframes, and address any concerns you might have.
While the process may take longer than anticipated in some cases, our goal is to secure the compensation that you are entitled to so that you can move forward with your brighter future, in a more meaningful way.
Don’t let litigation fatigue distract you from what you rightly deserve.
