You suffered an injury in a recent accident by someone else, such as a car accident or slip and fall. Serious injuries mean you can’t work, and bills are piling up. How long will it take to receive money if you file a personal injury lawsuit?
A personal injury claim resolution can be a long, complex process influenced by many variables. Below, learn about personal injury lawsuits and the factors influencing the settlement timeline. Then, speak to an experienced personal injury attorney in your city. They can review your case details and provide more information about how long it may take to resolve the matter.
What Is A Personal Injury Lawsuit?
A personal injury lawsuit arises when someone suffers injuries and harm from an accident for which the other party is liable. California personal injury laws allow you to obtain compensation from the liable party. The liable person’s insurance company usually is involved in the settlement process.
For example, if another driver hits you in a crosswalk in Los Angeles, you can file a claim or lawsuit against the driver. The driver’s auto insurance company usually covers your medical bills, lost earnings, and other losses.
The personal injury lawsuit process usually starts with you, the injured person, filing a claim with the liable insurance company. This starts an accident investigation, which may involve police reports, witness statements, surveillance video, if available, and professional testimony about what caused the accident.
You will probably receive medical care during this process and cannot work. You can have severe pain and suffering from your injuries and medical treatments.
Your personal injury attorney will negotiate with the insurance company to reach a fair settlement that pays for your current and future medical needs and other damages. Most personal injury claims end with an insurance settlement.
However, if the insurance company doesn’t offer enough money, your personal injury lawyer may advise filing a lawsuit. This involves filing legal paperwork with the proper court and your attorney presenting the case to a jury.
What Cases Can Lead To A Personal Injury Lawsuit?
The most common types of personal injury lawsuits involve:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Slip and falls (premises liability)
- Medical malpractice
- Defective products
You should retain a seasoned personal injury attorney with a strong record of settlements and favorable verdicts in your type of accident. For example, a serious tractor-trailer accident involves specific state and federal commercial trucking laws that a truck accident attorney knows well. Retaining an experienced tractor-trailer crash lawyer is best to maximize your settlement or jury award.
Typical Time To Settle A Personal Injury Case
Generally, resolving a claim or lawsuit can take anywhere between a few weeks, months, to several years. The many factors that affect the timeline are mentioned later on this page. First, let’s look at the stages of a personal injury claim:
Meet With Your Personal Injury Attorney
The first step in your personal injury case is meeting with an experienced attorney in your city. The attorney will review your case and potential liability and opine whether you have a valid case. They may also talk about your potential case value and how long it can take to resolve.
Investigation
Let’s say your personal injury attorney says that you have a valid claim. Your attorney will investigate the accident to understand who caused it and how. The attorney may review accident evidence, your medical records, witness accounts, and other important documentation for the case. The attorney may retain professionals to review certain case aspects, such as medical expenses, income losses, pain and suffering, and how the accident occurred.
Claim Filed
Next, your personal injury lawyer will file a claim with the liable insurance company. They also will provide the insurance company with a demand letter for what they think is a fair settlement for your case. The demand letter will include a settlement amount based on your estimated medical expenses, lost earnings, and pain and suffering.
At this point, your attorney will start negotiating for a settlement with the insurance company. Both sides may agree on a fair settlement sum within a few weeks or months. Most accident claims settle. However, the insurance company may refuse to accept liability or offer a fair amount.
Complaint Filed
Your accident attorney may file a legal complaint with the relevant court if you do not settle. The liable party will receive a copy of the personal injury lawsuit within about 30 days, and their response is required about 30 days later. Generally, filing a lawsuit and getting a court date for a trial takes one to three months.
Mediation
Before the trial, both sides may participate in mediation or alternative dispute resolution. Mediation involves a qualified third party negotiating with the plaintiff and defendant to settle the matter without a lawsuit. The mediator may be an attorney or retired judge who doesn’t represent either side. Mediation may take a day or two and can lead to a settlement if both sides agree to a fair amount.
Trial
If mediation fails, the court may schedule the case for trial. The trial can take months to schedule; in most cases, it takes a few days or weeks to decide.
Your claim will take less time if your personal injury attorney negotiates an equitable settlement. Going to trial in a lawsuit will extend your case timeline by months or even years.
Factors That Influence A Personal Injury Lawsuit Resolution
Many variables influence the time needed to settle a California personal injury lawsuit. Every personal injury claim is unique, and the duration to reach a settlement or verdict varies by case. Below are the factors that will influence the timeline to settle your claim. A personal injury lawyer can review your case quickly and provide a better idea about the timeline and potential settlement amount:
Types Of Injuries
The severity of your accident injuries will influence the time needed to resolve the case. Minor injuries typically heal within a few weeks or months and require less medical documentation, which leads to a faster resolution.
On the other hand, severe injuries may require months or years of medical care and rehabilitation. Severe injuries include severe burns, head injuries, spinal cord injuries, organ damage, multiple broken bones, etc. You will also have a waiting period to reach maximum medical improvement (MMI) before settlement negotiations start. Personal injury lawsuits involving serious injuries may require more medical care and can include future medical expenses and long-term aspects of your quality of life.
Insurance companies will require extensive proof of your injuries and medical needs. Your personal injury attorney may retain medical professionals to testify about your prognosis and medical needs in future months and years.
Liability
How clear is it that another person or company caused your injuries? Cases with clear liability usually resolve faster than cases with disputed liability. For example, suppose a truck driver fell asleep and rear-ended your SUV at a traffic light. This usually means the trucker and possibly the employer are at fault. The case can take less time to settle because the trucking company may want to avoid an expensive lawsuit.
In contrast, suppose several vehicles rear-end each other in bad weather on the interstate. It may take months to sort out who is responsible for the damages and injuries. Several drivers can be liable. Accidents where liability is uncertain take longer to resolve.
Cooperation
How willing the various parties are to cooperate during settlement talks also influences the time to resolve the case. The process will be smoother and shorter when the liable insurance companies and at-fault parties are willing to settle the matter with fair compensation. However, the insurance company may deny liability or offer less than you deserve. Or, the liable party may argue that you were partially to blame for the accident. A lack of cooperation will make the case take longer to resolve in a settlement or jury verdict.
An experienced personal injury attorney is critical in negotiations and communications with the liable party or parties. Your attorney will work hard to move the settlement process quickly and get you fair compensation as soon as possible.
Settlement Or Trial
Settling a personal injury claim will always resolve the case faster than filing a lawsuit and having a trial. You should hire an experienced personal injury attorney who is a deft insurance settlement negotiator. Find out how many large settlements they have obtained in recent months. Settling your claim for a fair amount will put more money in your pocket faster.
However, you also should have a skilled attorney who can win a lawsuit verdict in court. Having a lawyer good at negotiations and litigation means your bases are covered, no matter how the case works. This ensures you are prepared for settlement discussions and trial if necessary.
When Is A Personal Injury Lawsuit Needed?
Most personal injury cases are settled and not litigated. But there are times when a court trial is needed. Your attorney may file a lawsuit if the insurance company cannot settle. Your attorney may also file a lawsuit if the statute of limitations is about to expire. This will allow you to preserve your right to take legal action.
Other reasons for a personal injury lawsuit may include disagreements about the degree of negligence, the severity of your injuries, or the payment amount for your losses. When the plaintiff and defense cannot resolve these matters during negotiations, filing the personal injury lawsuit allows you to seek financial relief via court.
What Is Your Personal Injury Claim Worth?
The value of the claim, like the timeline, varies. Some claims are worth a few thousand dollars. Others are worth millions. The following factors will heavily influence the size of your settlement check or trial award:
How Severe Are Your Injuries?
Imagine if you fell down a flight of stairs in your apartment building and suffered a serious head injury. The landlord is liable because the steps were wet from a roof leak, and there was no handrail. Your head injury means you have long-term complications and treatments that will impact your life severely. This case will be worth more than if you broke your arm, which healed in six weeks.
How Much Are Your Medical Bills?
Using the previous example, a head injury can require hundreds of thousands in medical treatments in the first year only. You can need additional care for years afterward. On the other hand, a broken bone in your arm will need four or five figures worth of medical care. Cases with higher medical bills always have a higher value.
Liability
A case where liability is obviously with the other party will be worth more than if you were partially to blame for the accident.
Mental Anguish
A serious injury may leave you with a permanent disability, meaning you cannot do or enjoy the things you did before. This situation can lead to depression, anxiety, and sleeplessness. All of these reflect mental and emotional anguish, and you should receive fair compensation.
Lost Earnings
A severe injury with months or years of medical care will mean more lost earnings. A permanent injury may require lost earning capacity compensation, too.
Retain a personal injury attorney promptly to review your case and understand its potential value. Your attorney’s experience will inform them about your claim’s worth. They also can review recent settlements in your area with similar injuries and damages.
Speak To A Personal Injury Attorney Now
Were you injured in an accident recently through no fault of your own? You need a personal injury attorney to maximize the compensation for your losses. Personal injury attorneys know the law and how to negotiate the best settlement for your medical expenses and other losses. Speak to a personal injury attorney in your city today for more information. Your attorney will only receive compensation if they secure a settlement or court award for you. Don’t delay, call today.