How Long Does a Personal Injury Lawsuit Take to Settle

If you have been injured, you have many questions. One of the most important ones is how long it will take to receive compensation for your injuries. Unfortunately, there is no universal formula for calculating the amount of compensation. Each case is unique. Each case goes through certain stages to reach an agreement or obtain a court decision. This article will give you an idea of the possible time frames for considering a case and the factors that affect this time.

The process of filing a personal injury claim

Most often, filing a claim consists of the following stages:

• Medical treatment
• Hiring an experienced personal injury lawyer
• Settlement negotiations
• Filing a personal injury claim
• Litigation
• Court decision
• Receiving compensation

Medical treatment

This stage is one of the most important. It will be the basis for your entire case. Everything that happens during medical treatment must be carefully documented.

Save all the results of diagnostics, tests, and examinations. Document all recommendations and prognoses of doctors regarding your injuries. Any expenses incurred while seeking medical care should be documented. This will allow you to receive full reimbursement for these expenses.

Gathering as much evidence as possible regarding your injuries and their severity is essential. This increases the chances of proving that the defendant's negligence caused your injury.

Hiring an Experienced Personal Injury Lawyer

Hiring an experienced personal injury lawyer early in your case is wise. The lawyer will be able to assess the details of your case and determine whether it is viable.

Your lawyer will explain the next steps and procedures in filing a claim, point out applicable state laws and statutes that may affect your case, and ensure all documents are filed on time to avoid delays or disruptions.

The lawyer can also advise you on negotiating with insurance companies or on your behalf to reach a fair settlement.

Settlement negotiations

When all the documents and evidence on the accident case have been collected and the parties' positions have been formed, the case moves to the negotiation stage.

Insurance companies often seek opportunities to reduce compensation amounts and offer reduced settlement options. The lawyers' task at this stage is to achieve a fair settlement agreement for the client.

According to statistics, most cases are completed at the negotiation stage, when the parties agree on the compensation amounts.

Filing a claim for personal injury

In cases that do not settle at the negotiation stage, the next important step is filing a claim for personal injury. The claim is filed in the court of the appropriate jurisdiction. The claim must state why the plaintiff believes that negligence was shown and that he is entitled to compensation. Evidence of his position, such as medical bills and other documents confirming financial losses, must also be attached to the claim.

Court proceedings

This process has its phases and must end with a settlement decision.

The first step is the disclosure phase, during which witnesses and parties to the case are questioned. Each party is required to provide any information it has on the case.

Then they move on to mediation - negotiations between the parties with the mediation of an impartial third party called a mediator. This allows for an agreement that both parties accept without a full-fledged trial.

The final stage of the proceedings may be a full-fledged trial, with all its procedures for questioning witnesses, providing evidence, and lawyers speaking to the jury.

Court decision

Any trial ends with a decision, also called a verdict. A jury or a judge can decide and establish the guilty party and the damages to be compensated. If the decision does not satisfy the party, it can appeal to a higher court.

Receiving compensation

A court decision is the legal basis for receiving compensation. Compensation may cover medical expenses, lost wages due to injury, pain, and suffering, depending on the case's merits. If it is proven that the at-fault party caused the injury intentionally, compensation may be punitive damages.

Factors Affecting the Time It Takes to Review a Personal Injury Claim

Case Complexity

The complexity of a case depends on many factors, such as the number of parties involved, the obviousness of who is at fault, the ease of determining damages, and others. Therefore, the more complex the case, the longer the settlement process will take.

Severity of Injuries and Duration of Recovery

It is considered prudent practice to complete treatment and recovery before final settlement. This will allow you to assess medical expenses fully and determine the required amount of compensation. Therefore, the severity and duration of the recovery will directly affect the settlement time.

Insurance Policy Limits and Compensation Amounts

The settlement situation may look different in the case of high financial claims. If insurers assume that claims may increase due to the severity of the injuries or other factors, then the settlement will be quick. Still, the settlement will take longer if they consider the requirements excessive.

If the limits are small and insufficient, the plaintiff's lawyer will look for other ways to compensate for damages, extending the settlement period. Conversely, if the limits are high, the insurance company will try to settle the case as quickly as possible because future additional medical expenses may arise.

Willingness of insurance companies to cooperate

If the insurance company is ready to negotiate in good faith and adequately assess the situation, the case settlement will not be delayed. Otherwise, the negotiations may be drawn out in time or ultimately fruitless, and the case will go to court.

Court proceedings

Here, everything will depend on the schedule and workload of the courts and various court procedures with specific deadlines. In addition to the main court proceedings, there may also be an appeal, which is quite likely if the case is brought to court.

Average terms for various types of cases on harm to health

The table shows the average values of terms for various types of claims.