Whether you are considering filing a personal injury claim or you are some way into the litigation process, you may be wondering how long claims take from filing to settlement. The short answer is it depends on a lot of factors. No two personal injury claims are ever identical and can vary extensively in nature, severity, and circumstances. For example, a straight forward road traffic accident where the other party acknowledges blame may only take a short time to settle, while an accident at work that involved no witnesses and which the opponent is contesting may take longer.
The good news is that you are not alone. Every year, thousands of personal injury claims are made nationwide. Even more good news is that the vast majority of cases are settled without going to trial. In this article, we’ll take a look at the personal injury claim process, some rough timelines for settlements and how your personal injury lawyer can help to ensure the process runs as smoothly as possible.
The Personal Injury Claim Process – The Stages Explained
As we have already touched on, there is no typical personal injury case and no definite timeframe for settlements to be made. However, the majority of accident and injury claims are usually settled within one to two years. Your lawyer may be able to give you a very rough timeline for settlement, but because every issue, injury, party, and circumstance differs, this will never be a definite answer.
Let’s take a look at some of the steps that occur during the claims process:
Hiring an Attorney to Manage Your Claim
If you feel you have a personal injury claim you must engage the services of a personal injury attorney right away. The sooner you hire a lawyer, the sooner you can be on your way to getting the compensation you deserve. It is also worth noting that every state has its own time limit for filing a claim.
Starting the Claims Process
Your lawyer will open a case by completing initial paperwork and taking details from you. It is important that you gather as many facts about the incident as possible while they are still fresh in your mind. Your lawyer will also notify the other party of your intentions to file a claim.
Discovering the Facts
This is the most important part of the claims process and involves collecting together facts and gathering and producing documents relevant and essential to building a case, such as depositions, witness statements, medical records, and police reports. It is not unusual for this part of the process to take between 6 months to a year and possibly longer.
Other tasks carried out during the discovery phase may include:
- Investigating any disputes that may have arisen after the event.
- Other research such as accident reconstructions.
- Waiting for a firm prognosis from a medical expert.
- Corresponding with the claimant’s insurance company.
Pretrial Motions
Before a case goes to trial, pretrial court motions are usually carried out. These motions can help to resolve any important questions concerning the case. Your lawyer will file a motion with the court to request a ruling on a particular matter. As a result, the case may be dismissed or have a judgment entered due to elements such as venue, jurisdiction, default or improper process. This stage of the personal injury process can have a significant impact on the course of your case.
Settlement Attempt
Your lawyer will attempt to settle your case by mediation, negotiation or arbitration. If a settlement is not reached, a lawsuit may be filed. The lawsuit may be filed sooner depending on where your case stands in the statute of limitations for your state.
Going to Trial
As mentioned in the introduction of this article. most cases are settled before they reach court. However, to secure the best outcome it may be necessary for your case to go to trial. This can depend on several factors such as if your opponent denies responsibility or your lawyer is unable to negotiate a suitable compensation package. Settlement can also occur during the trial process.
The Verdict
A verdict may not be reached until 1-2 years have passed since first filing the suit. If you win your case, the defendant will owe you an amount determined by the jury. The defense can still appeal which may force settlement at a lower amount than was set by the jury. If this appeal is successful, there may be a new settlement or a new trial.
Collection of Compensation
If you are successful in winning your case and a settlement is agreed upon, you may receive the judgment as a lump sum or as a series of payments.
A Rough Guide to Court Process Times
A report released by the Bureau of Justice details the average court process times in several different cases:
- Medical malpractice cases – 31 months
- Motor vehicle accident cases – 20 months
- Tort lawsuits – 23 months
- Premises liability – 24 months
- Intentional tort cases – 25 months
What Can Impact Settlement Times and Outcomes?
Many factors will determine settlement times and eventual outcomes. Here are some of the most common.
The complexity of the case and amount of damages: A simple trip or fall resulting in $1,000 in compensation will usually be settled much faster than a case involving medical malpractice and a substantially larger compensation claim.
The severity of injuries: A sprained ankle will be considered a mild injury while brain damage or death will be considered severe. In most cases, a firm prognosis or Maximum Medical Improvement (MMI) will be required.
The caseload in your particular jurisdiction: While it may take your lawyer a matter of weeks to prepare and file your case, you will still be at the mercy of the courts when it comes to court dates. Even if you have a date, this can be subject to change at the last moment.
Your patience: They say patience is a virtue, but when it comes to a personal injury claim, patience could mean more money in your pocket and a satisfactory claim. Settle quickly and you could get less money. Be patient, let your lawyer determine the best level of compensation and you should come out with a larger settlement.
Final Thoughts
The most important thing to remember when filing a personal injury claim is that the length of time it takes for your case to be settled will depend on a large number of factors. Choosing a good lawyer will certainly help to speed the process along as well as ensuring your lawyer is equipped with as many facts as possible. If you believe that you have a personal injury claim, contact Bennett Injury Law Firm today to schedule a free initial legal consultation.
