When time does not heal - Understanding the importance of avoiding unnecessary delay in the resolution of tort cases

The debate that rages between tort law's critics and supporters presents 2 camps that appear to be unable to reach any agreement about the direction o f tort law. However, both share an unexplored concern with the psychologica l consequences of delay in resolving tort claims. Examining this shared con cern is critically important because current managerial attitudes about del ay in the resolution of tort cases fail to appreciate the psychological har m it causes. This article examines the psychological harm both to plaintiff s and defendants of unnecessary delay in the resolution of tort cases and c oncludes that a right to speedy trial is important in civil cases.