How Long Does It Take To Resolve A Personal Injury Case?
by Arnab Dey Legal 31 March 2023
“How long will my case take?”
This is one of the most common questions people ask when determining whether pursuing a personal injury claim is worth it. This question frequently arises when a personal injury case appears like nothing is happening fast enough and the medical expenses are mounting.
Sadly, there is no definite answer because a variety of factors can influence how long a personal injury lawsuit lasts. Every personal injury claim is different. While some cases might be resolved swiftly, others might take years. How long the personal injury claim takes to resolve depends on several factors.
Factors Which Influence Personal Injury Case Timeline
Let’s take at some of the factors that can influence the timeline of resolving a personal injury case.
1. The Type Of Personal Injury Case
There are various claims that the person can encounter, including a car accident, premises liability, product liability, and medical malpractice that can result in an injury. The time required to settle the issue may vary significantly depending on these several variations that entail a personal injury.
Some aspects of these cases necessitate demonstrating carelessness, a breach of the duty of care, or even contract violations that result in specific harm to a client or customer. The time the lawyer may need to prove the matter depends on how many components there are to the case.
Negligence may make it more difficult to prove four aspects of negligence, fair compensation for recovery, and all other associated damages. The duration may also be increased if an expert witness is required to guide and clarify the concerns. Ranges of increases can alter the eventual result by weeks, months, or even years.
2. Complications To The Case
Several issues could develop in a personal injury lawsuit that would make things difficult to continue and prove the claim. This can occur in negligence, injury-causing contracts, premises responsibility, and product flaws.
One or more experts may be needed in the legal procedures to clarify any confusion regarding the more complicated subject matter.
An electronic, accounting, or forensic expert witness might be needed in this kind of litigation if financial losses brought on the personal injury. This makes the case more difficult and could cause it to take longer—perhaps by weeks or months.
3. The Severity Of Your Injuries
The accident lawsuit will probably go on if your injuries are severe.
Severe wounds may result in:
- Prolonged healing processes,
- Long healing durations, persistent or permanent impairments
- Outrageously high medical costs.
Medical costs incurred by the victim are one of the most significant forms of compensation that can be obtained in a personal injury case.
The victim may still be healing and getting regular medical attention when the statute of limitations is about to expire. Personal injury lawyers will be compelled to file the claim in court even though the victim does not know the ultimate sum of his or her medical expenditures since lawsuits are quickly dismissed if they are brought after the statute of limitations has passed.
When this occurs, a personal injury lawsuit will demand payment for the costs that have already been paid and expected future medical expenses. To what extent medical intervention will be required in the future is difficult to predict.
Defendants take advantage of this ambiguity when presenting settlement proposals. They contend there won’t be much need for medical treatment in the future. Convincing them to contribute to the victim’s likely needs can be difficult. This may cause the settlement to be delayed and the lawsuit to drag on.
4. Victim’s Eagerness For Settling Down The Case
The other crucial factors are linked with the victim’s readiness to settle down the claim. Whether the victim is ready to accept a smaller settlement offer rather than hanging out for more money can speed up the case.
A number of personal injury case accident victims are often ready to take less compensation just to obtain it sooner. The rising medical costs and lost income make it easy to get scared. The financial pressure to stop the lawsuit for a lesser settlement amount might be tremendous, even though it would leave the victim’s agony and suffering uncompensated.
Nonetheless, many defendants and their insurance providers take advantage of this pressure to safeguard their assets. In order to put more pressure on the victim to pay, defendants frequently take their time and delay the settlement process. This allows the defendant to present a lesser offer and accept it. A settlement can be reached more quickly if your victim is ready to settle down and willing to accept less than they are entitled to.
5. Your Jurisdiction’s Caseload
Once you file a lawsuit, the court will decide on your court date, which may also be altered at the last minute. This can also drag your personal injury case.
How Can A Personal Injury Lawyer Help You With Your case?
Depending on the abovementioned factors, personal injury claims may take between two weeks to two years or more. Until all relevant facts have been looked into, an honest and reliable personal injury case lawyer won’t assign your case a specific value or timeline.
Nonetheless, as soon as that condition is satisfied, your lawyer should be open and honest when describing the worth of a settlement and what you can anticipate.
Many people are reluctant to speak with a lawyer about an accident that resulted in an injury because they are worried about how much they will have to pay for one. A lawyer can help your claim by providing legal services.
Crucially, lawyers know to keep the claim going ahead rather than becoming stuck or having the process governed by the insurance company of the party at blame.
Bottomline:
Thankfully, many personal injury case lawyers take cases on a contingent fee basis, so you won’t have to pay them until your case is resolved. In other words, there is never a good excuse to put off speaking with a lawyer and doing so early enables them to get to work on your case as soon as possible.
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