Personal injury claims are filed by individuals who suffer injuries or damages as a result of negligence on the part of others. While pursuing a personal injury case is an ordinary course of action, one question frequently arises: On average, how long does it take for a personal injury case to settle?
The process from the time of filing a personal injury claim to receiving a settlement is not consistent and can differ significantly between cases. It has many phases, negotiations, and legal procedures that can affect the time.
The best Houston auto accident lawyer says that analyzing the variables that influence personal injury case length can aid individuals in managing their expectations and making sane choices during the legal process.
Factors Impacting the Duration of Personal Injury Cases
The length of a personal injury case can be highly variable, and there are many elements that influence the timeline. These factors should be taken into account when evaluating the amount of time that it might take to reach a settlement.
- The time spent on medical treatment and recovery is a significant factor. It is also common for plaintiffs to finish the treatment and achieve maximum medical improvement before settling. Speeding up the process can lead to an underestimation of future medical costs.
- The extent to which the defendant’s insurance company is willing to cooperate and negotiate in good faith can influence the timeline. If the insurer is slow or non-cooperative, this can also prolong the process.
- The nature and magnitude of the injuries sustained by a plaintiff is also an essential factor in determining case length. The treatment of traumatic injuries can be complicated and lengthy, which leads to a prolongation of the time span.
Phase Before Settlement
The process starts with the accident or incident that leads to injuries and damages, which is also known as pre-settlement. This incident leads to a personal injury claim filing.
- Immediate medical care is necessary. In this stage, the victim is provided with medical care while healthcare providers note their injuries. This documentation will later be an important part of the case.
- Information gathering is one of the most important aspects in the pre-settlement stage. These include gathering information on the accident, obtaining contact details from witnesses, and preserving evidence at the site.
The evidence is gathered to prove the claims of the plaintiff and make it possible for him or her to establish liability on behalf of a defendant. Key elements of evidence collection include Accident Reports: The official accident reports filed by law enforcement officers are useful in that they help give all important details concerning the incident, such as parties involved, statements made, and citations issued.
Witness Statements: The plaintiff’s version of the events can be supported by statements from witnesses who saw how this accident happened. Witness testimony can also be helpful in determining liability.
Then, the medical treatment and recovery comes next. The process of personal injury also includes the stage of medical treatment and recovery. It encompasses
Ongoing Medical Care: Plaintiffs are still receiving medical treatment and care for their injuries in order to achieve the MMI.
Rehabilitation: Rehabilitation programs like physical therapy or occupational therapy can be required in order to help the recovery process.
The pre-settlement phase is also characterized by negotiations with insurance companies. Key elements of this process include:This is because the human brain can only process a limited amount of information at any given time. The plaintiff files a claim with the defendant’s insurance company and describes his or her injuries, and damages, and liability.
After this, there is a discussion between the representative and the plaintiff. After this, the parties agree on a settlement that suits them both.
Average Time Taken by Personal Injury Cases
Although there is no universal answer, it can be possible to give an approximate picture of the average time that personal injury cases may last. Nevertheless, this is all that you can know.
Short-Term Cases
Some personal injury cases are not complicated and can be settled within a short period of less than six months. These cases are usually settled with minor injuries and a willingness of the insurance company to provide fair settlements in a short time. In such cases, the first consultation with a lawyer to settle can take approximately 3-6 months.
Moderate-Term Cases
Most personal injury cases are of a moderate-term nature. These cases involve
Non-serious injuries that take several months to treat and recover or liabilities, which are reasonably clear but may need some negotiation.
The moderate-term cases usually take between 6 months to a year before the settlement is reached.
Long Term Cases
The long-term cases can be very difficult to tackle as well and these roughly can take up to one year to be settled in the best ways possible.
Legal Proceedings
In situations such as filing a lawsuit and proceeding to trial, can add significantly more time. The time frame for legal proceedings can be anywhere from 1 to 3 years or more, depending on the court’s schedules.
Conclusion
In the end, you must know that all personal injury cases take different amounts of time to get resolved. It all depends on the severity and the nature of the cases.
