How Long Does It Take to Settle a Personal Injury Case?

How long it takes to settle your injury claim depends on several factors. One factor is the length of time it will take for you to recover. This includes the amount of time missed from work and other financial losses.

It can also take longer to resolve a claim when there are multiple parties and insurance companies involved. Additionally, the trial itself may add to the overall length of your case.

Settlement Negotiations

Many clients ask us how long it takes to get their settlement check once all of the relevant documents have been executed. This is difficult to answer because each case depends on the facts. For example, if the defendant is being stubborn or there are liens, this can delay your settlement.

It can also take time to negotiate a full and fair settlement. This is especially true if your injuries are permanent, or if the at-fault party or their insurance company suspect that you are exaggerating your losses.

In those situations, it is important for your lawyer to be able to prove the extent of your injury and the full nature and extent of your damages. Sometimes this requires expert testimony to ensure that you are being compensated for your entire range of losses. This can add to the amount of time that it takes to settle a personal injury case. However, this is better than taking a low offer from the insurance company that could end up leaving you shortchanged.

Discovery

The at-fault parties involved in your case can have a big impact on how long it takes to settle your personal injury claim. In particular, professional organizations and large corporations that may be concerned about their reputation or bottom line may be more willing to settle than other entities that are less interested in the expense and publicity of a lawsuit.

The amount of information that is shared between the two sides during the discovery process can also have a significant effect on how long it takes to reach a settlement. For example, the defendant’s insurance company may submit multiple requests for information, which can be difficult to discern whether these requests are legitimate or simply a delay tactic to prolong settlement negotiations.

Depositions, where attorneys ask each other questions under oath, are a part of the discovery process as well, as are written interrogatories and the production of medical records. To help the process move along, you should organize and maintain all of your physical, financial and emotional records in one place to make it easier for your lawyer to find them.

Trial

There is no accurate way to answer this question because every case is unique. However, some important factors can influence how long a personal injury claim takes to resolve.

How severe an injury is can make a difference. Serious injuries require more extensive medical treatment and can take longer to heal, making them harder to estimate. An car accident attorney in Carrollton GA can help monitor your recovery, consult with medical experts and calculate your losses to keep your claim on track.

Insurance companies can also prolong the settlement process by refusing to offer fair settlements or arguing that you are exaggerating your injuries. This can add a significant amount of time to the case.

If a settlement cannot be reached during the negotiation phase, then the case moves into the litigation phase. This involves filing a Summons and Complaint that makes legal allegations against the defendant parties and requests an award of money damages. This stage typically takes several months.

Final Settlement

The final settlement is reached when a judge or jury awards you compensation for your injuries and losses. The amount of time it takes to reach a settlement depends on the attitude of the insurance provider, who may try to delay and minimize your claims. You should only accept a settlement that fully covers your damages.

It can take a while for your lawyer to negotiate an adequate settlement. They need to obtain and review medical records, calculate your losses, and investigate disputed facts. The discovery process, which can take months, can also prolong the case.

You should work with an attorney who is responsive to your questions and concerns. Look for an attorney who responds to your emails, texts, and phone calls within a few hours at the most, rather than weeks or months. This is an important sign that they care about their clients and are invested in your case. This will help the process go more smoothly.

Leave a comment

Design a site like this with WordPress.com
Get started