Timeline of Longshore Injury Cases:
Introduction Navigating a longshore injury case can be a complex and time-consuming process. As an experienced attorney Law Firm in maritime law, I'm here to provide insights into the average timeline for these cases and the factors that can affect their duration.
Average Timeline for a Longshore Case An "average" longshore case typically takes about five months from the close of the record after the hearing. However, this is a general estimate and the actual time can vary greatly depending on several factors.
Key Factors Impacting Duration
Complexity of the Case:
Cases with more intricate details, such as severe injuries, extensive evidence, and complex legal arguments, tend to take longer to resolve.
Initial Steps:
The journey begins with filing a claim at the Division of Longshore and Harbor Workers' Compensation, followed by an investigation and potentially an informal conference to attempt resolution.
Transfer to OALJ:
If the case remains unresolved, it moves to the Office of Administrative Law Judges (OALJ), where it receives a docket number. This phase can take between one to two months.
Pre-Hearing Process:
This stage involves gathering evidence, collecting witness statements, and engaging in settlement talks. The speed of these activities influences the case's timeline.
The Hearing Itself:
At this stage, the case is reviewed afresh. The duration of the hearing depends on how complex the evidence and testimony are.
Impact of Insurance Company Disputes
Disputes with insurance companies, such as refusal to pay, can prolong the case. This may involve deeper investigations, additional settlement conferences, and possibly extended hearings.
Post-Hearing Actions
The process doesn’t end with the hearing. Decision-making, potential appeals, or reconsiderations can further extend the timeline.
Representation and Legal Proceedings
The presence of legal representation can significantly influence the duration of your case. Experienced attorneys can often navigate the process more efficiently, though legal negotiations can also lead to delays.
Public and Legal Constraints
External factors, like public access to hearings and strict communication rules with judges, can indirectly impact the case duration.
Conclusion Each longshore injury case is unique, and understanding these key factors can help you get a clearer picture of what to expect. If you're navigating such a case, remember that patience and persistence are essential. For personalized advice and representation, feel free to reach out to my office.
Written by Attorney Mark Hirsch
