The old adage goes that justice delayed is justice denied. The Wall Street Journal recently reported that the nation’s courts are experiencing an overwhelming backlog of cases caused by the Covid-19 pandemic. It is being reported that this backlog could take years to resolve.
Similarly, in Michigan the courts are now just beginning to open. The process has been very slow. Of course, criminal prosecutions take precedence; especially in cases where the criminal defendant remains in custody. The few jury trials which are being scheduled are being primarily conducted in criminal matters. There has been a significant increase in the aging of civil matters. Previously, a civil matter could usually be resolved within 9-12 months. Michigan trials courts were mandated to resolve most of their cases within twenty-four months.
Once factor causing delay in case resolution is the diminished personal interaction amongst counsel and litigants caused by remote work arrangements. It is much easier to walk away remotely. Stakeholders in the civil litigation process need to become more creative if they want to resolve claims in an expeditious and efficient manner. Voluntary ADR proceedings, face-to-face discussions, or binding arbitration agreements should be considered. The ADR business in the state of Michigan is booming because many litigants are turning to ADR. Frequently, the main impediment to resolving claims is the failure to talk.
ABOUT ALEXANDER & ANGELAS, P.C.
Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment.
Contact Peter Angelas to discuss a potential matter.
