How Long Does a Personal Injury Lawsuit Take?

When someone suffers an injury, their first thoughts may be, “How do I get compensated for my injuries?” and “When will this end so I can get back to my normal life?” It is not uncommon for those who suffer injuries to wonder how long their case will take. After all, filing a personal injury claim can be an emotionally taxing experience. Still, there is no getting around it if you want compensation for your damages and losses.

A personal injury lawsuit may take 10 to 16 months to resolve. However, many factors may affect the timeline of your case, which is why you might want to consult with a personal injury attorney to know what to expect.

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Most Personal Injury Cases Are Resolved Through a Settlement

When considering your legal options after an injury, you must understand that nearly all personal injury cases settle out of court, and only a tiny percentage go to court. Statistically, 97 percent of all personal injury cases settle before trial. A settlement is a more favorable option because it’s faster and less expensive than going to trial.

While most personal injury cases are settled within the first months (or even weeks) after the incident, parties may sometimes settle pre-trial proceedings or a trial. When deciding whether to accept a settlement or take your case to court, you should understand how much your case is worth. If you don’t, you can settle your claim for less than you deserve.

Insurance companies often take advantage of the injured person’s shock and need immediate financial relief when offering lowball settlements early in the process. However, accepting a settlement offer is never a good idea until you consult your attorney. Your personal injury lawyer can evaluate how much your claim is worth, determine whether the insurer’s settlement offer is fair, and prepare a demand letter or counteroffer.

Filing a Claim

After the investigation, your attorney will file a formal personal injury claim with the defendant’s insurance company. This claim outlines the incident details, the injuries sustained, and the compensation you request to settle the claim.

Typically, the more experienced your personal injury lawyer is, the less time this phase will take. Skilled attorneys file dozens of claims on behalf of their clients every week, and they know how to present your case compellingly.

The Discovery Process

The discovery process is a pre-trial phase where both parties exchange information through written questions (interrogatories), document requests, and depositions.

The discovery phase is often the longest part of a personal injury lawsuit. This phase helps both sides build their cases and understand the strengths and weaknesses of the opponent’s arguments.

Negotiation or Mediation

Many personal injury cases are resolved before trial through negotiation or mediation. These processes aim to settle without the need for a courtroom battle.

Many people think they should skip this stage to expedite their case. However, negotiation or mediation can save you time, money, and emotional energy if your case doesn’t have to go to trial.

Going to Trial

If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides present their evidence and arguments to a judge or jury, who will determine the outcome.

Trial length can vary widely depending on the complexity of the case, the court’s schedule, and other factors.

Receiving a Verdict

After the trial is over, the judge or jury will deliver a verdict. If the verdict is in your favor, the court will determine the compensation you are entitled to receive.

In most cases, the plaintiff receives a verdict at the end of the trial. However, the court may schedule a separate date to deliver a verdict in other cases.

Appealing the Verdict or Collecting Compensation

They may appeal the decision if either party is dissatisfied with the verdict. Alternatively, if the verdict stands, the injured party can proceed to collect the compensation awarded.

Filing an appeal can prolong your personal injury case as the appeal proceedings will not take place immediately. Additionally, if you receive compensation, you may not collect all the money at once if the settlement pays out in periodic installments with structured payments.

Factors That Might Slow Your Case Down

One of the most common concerns injured individuals have is how long it will take to resolve their case. Several factors can contribute to delays, ranging from the complexity of the legal issues involved to the availability of key evidence and the court’s schedule. You may find yourself curious about what specific factors might slow your case down and how you can potentially expedite the process to achieve a resolution more swiftly.

Understanding these dynamics can empower you to navigate the legal system with greater insight and actively participate in strategies to move your case forward efficiently.

• The nature of the accident and your injuries. The specifics of the accident and the severity of your injuries can impact the duration of your case. Multi-vehicle collisions, work-related accidents, and incidents involving multiple parties can take longer to investigate and resolve. Disabling and severe injuries often require more extensive medical documentation and professional testimonies, which can prolong the process. Additionally, if there’s disagreement about who is at fault, more time may be necessary to gather evidence and establish liability. Claims with serious injuries also take more time to settle because of increased scrutiny, given that they tend to cost more. For example, a disabling injury resulting from a motor vehicle accident often costs hundreds of thousands of dollars.
• How long do your injuries take to heal? Your recovery timeline plays a crucial role in the progression of your case. It’s generally advisable to wait until you reach MMI before settling your case. This ensures you understand and can predict all your ongoing medical expenses and future care needs. Continuous or long-term treatments, such as physical therapy or surgeries, can delay the final evaluation of your damages and the subsequent settlement process.
• The time it takes to complete an investigation and gather evidence. Detailed investigations and comprehensive evidence collection are essential but time-consuming components of building a strong personal injury case. Acquiring official reports and corroborative witness statements can take time, especially if witnesses are uncooperative or difficult to reach. Also, obtaining medical records, employment history, and other relevant documents can be slow, particularly if multiple institutions are involved.
• The willingness of the insurance company and other parties to settle the case. Insurance companies may deliberately employ delay tactics, such as requesting unnecessary information or disputing claims, to pressure you into accepting a lower settlement. If the initial offers are inadequate, you may need multiple rounds of negotiation to reach a fair resolution. While alternative dispute resolution methods, such as mediation, can expedite the process, they still require coordination and scheduling.
• Whether or not your case goes to trial, cases that proceed to trial generally take longer to resolve due to the formalities and procedural requirements of the court system. Various legal motions and hearings must occur before a trial can commence, each contributing to the timeline. Also, both parties will exchange information and evidence in a process known as discovery, which can be lengthy and contentious.
• The court’s schedule. The court system itself can be a source of delays. High caseloads and limited resources in specific courts can lead to scheduling delays and extended wait times for hearings and trials. The availability of judges, courtroom space, and other resources can also affect the timing of your case, not to mention that events such as public holidays, judicial training, or unexpected emergencies can further delay court proceedings.

Having a personal injury lawyer when handling a case instills confidence that your case receives proper attention. This can reduce the stress and uncertainty often accompanying personal injury claims, making the process more bearable. Even if any of the factors mentioned above affect the timeline of your case, you can be certain that you avoid any slowdowns or pitfalls you might encounter.

How a Personal Injury Attorney Can Help You Expedite the Process

When you suffer an injury and need monetary compensation, you may be willing to do whatever it takes to speed up the process. As you may know, the legal system can be slow and full of obstacles, which – when not addressed properly – can lengthen the time it takes to resolve your case. Fortunately, however, there is one you can do to expedite the process. And that’s hiring an attorney. Below is an overview of how a lawyer can help speed up the process:

• Adherence to the laws and requirements. A personal injury attorney brings a deep understanding of the applicable laws, ensuring you adhere to all legal requirements when filing a claim. This strengthens your case and prevents unnecessary delays caused by legal missteps.
• Accurate documentation. One of the most time-consuming aspects of any personal injury case is gathering and organizing the necessary documentation. An experienced lawyer knows exactly what documents are needed and how to obtain them efficiently, reducing the time spent in this preparatory phase.
• Negotiation skills. An insurance company may offer you a lowball amount, hoping you will settle quickly. An attorney can leverage their negotiation skills to expedite the settlement process and ensure you receive fair compensation without unnecessary delays.
• Meet deadlines. You must be aware of many deadlines when handling a personal injury case. Missing a filing deadline can delay your case or even result in dismissal. An attorney tracks all these important dates, ensuring timely and accurate filing of all documents. Every state imposes a deadline for filing personal injury lawsuits. For example, in Oklahoma, that deadline (known as the statute of limitations) is two years from the date of injury (Oklahoma Statute §12-95).
• Eliminate bottlenecks. A lawyer can help keep your case running smoothly by expediting medical evaluations, promptly responding to the other party’s requests for information or documents, and advocating for quicker court dates when appropriate. Their proactive approach ensures that your case progresses efficiently, minimizing delays and moving you closer to a resolution.
• Liaison with insurance companies. Dealing with insurance companies can be incredibly frustrating. An attorney acts as a liaison, handling all communications on your behalf. This ensures that nothing gets lost in translation and that all interactions contribute to expediting the claims process.

Ensuring that a seasoned professional diligently manages your case can provide immense peace of mind during an otherwise tumultuous and uncertain time. This psychological benefit plays a crucial role, enabling you to redirect your energy away from the complexities of legal matters and towards the important physical and emotional healing task. With the burden of legal intricacies lifted, you can focus more intently on regaining control over your life journey and moving forward with confidence and resilience.

Seek your consultation with a personal injury law Firm near you today.

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