How Long Does The Average Personal Injury Lawsuit Take?
Michael Babboni
Personal Injury
When you file a personal injury claim, there are several factors that can ultimately contribute to how long the personal injury lawsuit could take. There are even some cases where the case can take up to a year from the filing date to settle, while others may only take approximately six months from start to finish.Today we will look at a few factors that may contribute to the overall length of time your personal injury lawsuit may take from filing the complaint to receiving compensation.
Reasons for Drawn Out Cases
There are a few reasons you may experience a longer and more drawn out case than others. If there are any problematic legal or even factual issues, then the case may take much longer than expected. Additionally, if the case involves a significant amount of money or you have not reached the point of maximum medical improvement, you may find it takes longer.
Problematic Issues
When we talk about problematic issues with your case, we are often referring to liability and damages. Who was at fault and how bad was the plaintiff injured in the accident? It can be hard to prove liability in some cases especially when there is testimony from multiple witnesses as well as the insurance adjuster.
Problems with damages can include when a physician is unsure if the defendant's negligence is actually what causes the plaintiff's injuries and if the insurer doesn't make a reasonable settlement offer due to this uncertainty.
Larger Sums of Money are Involved
When there is a significant amount of money involved in the case, this is another factor that can contribute to a longer than expected process. Due diligence is needed before an insurer will pay big amounts of money on a settlement. This means they are going to take their time to investigate every part of the case and will not proceed without a good defense. They also will make sure that your injuries are as severe as you stated and will attack your credibility when possible.
These factors contribute to a delay in the settlement in the hopes that the plaintiff will settle for a much smaller amount because they don't want to wait it out and go through a long and drawn-out process.
Maximum Medical Improvement
If you are still receiving medical treatment for your injuries, this can also cause the claim to last longer. So, before you settle, you want to receive the maximum medical improvement from your injuries. This will allow everyone to have a much clearer picture of the full nature and the extent of your injuries.
Reaching a Proper Settlement
If you feel that your case is more valuable, you should seek the counsel of a reputable personal injury attorney to help you navigate the process and get the compensation you rightfully deserve. On average, a typical settlement can take up to six weeks for processing, but if your case is more complicated, then it can take much longer as we previously stated.
So, once you realize that your claim is not going to settle because an agreement has not been reached, you will want an experienced attorney on your side to help you navigate the claims process as it goes to court.
With the right personal injury attorney, you can find your case settling in just weeks and you will have everything in place as you go through the claims process from start to finish.