Are you planning to file a personal injury claim for compensation in an accident?
Personal injury claims can vary. It will depend on the type of accident and the injuries you’ve sustained. Personal injury case examples include road accidents and medical malpractice.
Predicting how long it will take to resolve a claim is difficult. Wondering how long does a personal injury case take? Read on to understand the process and timeline of a personal injury case.
Starting the Case and Settlement Negotiations
Once you’ve decided to file a claim, you’ll want to hire a lawyer immediately. If you’re looking for a good lawyer, check out this personal injury law firm. The statute of limitations determines the time you have to file a claim and this time limit varies by state.
You’ll then have to prove that the accident caused your injuries in the discovery process. This involves collecting facts and producing documents like medical records and police reports.
Depending on the types of personal injury cases, you might need to get more than one report. This also means you might have to wait until full recovery until you have a firm medical prognosis. Completing the medical evidence first is crucial, so you don’t under settle your claim.
The discovery process can take 6 months to a year or even longer. Once you have enough information, you’ll need to submit a demand letter.
How long does a personal injury case take to settle out of court? Often, the timeframe will also depend on the defendant or insurance company.
If your injuries are serious and your case is strong, you can resolve your claim within days or weeks. If the defendant thinks your case is weak or that there should be a lesser settlement, then the negotiations could take longer. A mediator might be necessary to help resolve the case through settlement.
Going to Trial
If a settlement isn’t reached, then you can file a lawsuit to resolve the claim through a court case. Dates for preliminary hearings and a trial will be set.
You must gather evidence and build a case and allow motions to occur for the court to rule on. All this can take a long time, especially if the court is busy. The court might reach a verdict in 1-2 years from filing the suit.
During this phase, it’s important to respond fast to court actions. You must follow deadlines and show up when scheduled. You can expect your lawyer to handle the requirements to avoid delays and move your case forward.
How Long Does a Personal Injury Case Take?
Several factors affect the timeframe of personal injury cases.
This includes the complexity and severity of injuries. There’s also the matter of the cost of damages and how busy the court is. It will also depend on the defendant’s willingness to settle.
How long does a personal injury case take? In general, it will depend on the strength of your case.
Settling can take weeks or years. Waiting for compensation can be arduous, but you shouldn’t give up if you’re entitled to it.
If you want to know more about personal injury claims, check out our other guides here.