You may be wondering how long your personal injury case will take before it is resolved. One of the most commonly asked questions that clients have regarding their case is the length of time in which it will take for the case to settle and the client to receive their compensation. Due to the fact that each case is unique, it is very difficult to predict how long each case will take because there are so many different factors that are out of your lawyer’s control. Most injury cases usually settle around 12 to 36 months after the time of the accident. For the most part, settlement negotiations don’t usually start until the client’s medical treatment, as a result of the accident, has finished. Only then can the doctor that treated the client create a narrative report outlining the client’s treatment and permanent injuries. This report is then used in court to negotiate the value of the case, which can also be a very long process depending on many different factors. Filing a lawsuit can be a very long, frustrating process for everyone involved with a lot of time-consuming aspects that are out of the control of your attorney. However, it is important to avoid attempting to rush the settlement process because early settlement negotiations usually result in smaller settlements in injury cases.
Top Factors That Can Delay Case Resolution
One of the main factors that can delay a case is the claim resolution policy of the defendant’s insurance carrier. Many auto insurance carriers do not quickly settle automobile cases that involve soft tissue injuries because they are subject to lawsuit threshold. Instead, these insurance companies will often force these cases to trial. Personal injury cases that go to trial may take years to settle due to several different factors including pre-trial processes, court delays, complex evidence, expert testimony, liability disputes, and potential appeals. Insurance companies may also intentionally drag their feet at times to elongate the settlement process and potentially pressure you into settling for a smaller amount of money in the interest of time. Some defense attorneys will even drag out a case until jury selection before recommending a settlement to his or her carrier.
Damages Typically Don’t Lengthen a Case
Another commonly asked question regarding personal injury cases is whether or not the level of damages will impact the length of the case. The simple answer is “No”. Cases with clear liability and obvious damages can be settled quickly, no matter the severity, due to the obviousness of the case. However, insurance adjusters and representatives often need to consult with higher levels of authority within the insurance company on cases that have more damages and a higher value. So, even if there is clear damages and liability, the severity of the damages in a personal injury case usually does not have an impact on the overall length of the case.
How Smaller Damage Cases Can Actually Take Longer
On the other hand, smaller damages cases, at times, can take as long or longer than larger damages cases. In smaller damages cases, insurance companies may want to aggressively seek dismissal of the case based upon the applicable minimum damage “threshold”. This can cause substantial delay within the case because of the motions and rulings that come with it. When the defense attorney brings a motion to dismiss the case altogether, the combination of the time it takes to schedule the motion and receive a ruling can delay the case several months. Even though it may seem as though cases with lower damages would take less time to settle, there are several different factors that can play a role in lengthening the case to be just as time-consuming as any other case.
Patience is The Key
The key for any litigant going through a personal injury lawsuit is to remain patient. Lawsuits can take a very long time to conclude. Just know that at Femminineo Law we are constantly fighting to get the maximum amount of compensation for our clients in the shortest amount of time possible.
If you or anyone that you know has been injured in an accident, call the experienced team of attorneys at Femminineo Law by calling 855-65-CRASH or visit our website getdavidgetpaid.com.
