How Long Does It Usually Take For A Personal Injury Case to Settle?

rj frometa Monday, June 13, 2022 Content Leave a comment

Are you a personal injury victim and want to file a personal injury lawsuit against the at-guilt party? Then several questions hit your mind before filing the case. The most common question that strikes your mind: how long does it usually take for a personal injury case to settle?

Unfortunately, the answer is not simple as it depends on several factors. For example, the legal facts, shreds of evidence, the circumstances, and a liable attorney.

If you want to skip the process of finding an attorney, you can try to have a personal injury lawsuit without a lawyer. But claiming a case without legal counsel can lower the chances of a reasonable settlement.

If your opponent is ready for a settlement, then your lawsuit can take at least one year. In another case, you have to file a lawsuit, which may take up to 3 to 4 years for the case to settle.

Three to four years are an extended period. You might be wondering about the personal injury case process during these months and years. In this article, we will enlighten the expected procedure, and the time it takes to settle a personal injury lawsuit.

But first, you need to understand clearly everything about personal injury and personal injury lawsuits.

Need legal help from a personal injury attorney? Reach out to Stipp Law Firm.

What is a Personal Injury Lawsuit?

Personal injury is damage caused to you or your belongings by someone else’s mistake or negligence.

Let’s suppose you are crossing the road through a pedestrian line. Suddenly an overspeeding car hits you and causes you some severe injuries. The tort law will be implemented on your case, considering it a personal injury case.

Tort Law

According to the Tort law in the USA, the people who caused the harm will compensate for the damages caused to the suffered person.

Compensation for Damages

You might be thinking of what compensation you can get by filing a lawsuit. Don’t worry! We have jotted down some significant rewards for your ease.

In case of a personal injury, your opponent has to make compensation for:

All the medical expenses you are going through.
They should compensate for all your future and past wages that are lost because of the injury you get in an accident.
They should also compensate for the victim’s mental or physical trauma caused by that particular accident.

These are some compensations you can get by filing a lawsuit. But these can be increased or decreased depending on the court’s final verdict.

Stages for a Personal Injury Lawsuit

Every personal injury case is different, depending on the various facts and legal liabilities. To jot down the exact time is impossible. We have jotted down the generalized stages for a personal injury lawsuit settlement. So you can have a clear understanding of each and everything.

1. Engagement of Personal Injury Lawyers

The first step is to engage a personal injury lawyer for your case. Are you facing a shortage of money? Don’t worry! Some firms may provide you with a free valuation of your case.

Most personal injury lawyers are liable to do whatever it takes to get you justice. So, to get justice without waiting for an unreasonable long time, you must hire an attorney.

2. Let the Case Begins

First, begin with the essential paperwork and discuss legal facts with your lawyer. After getting sure about everything, you must inform the opponent that you intend to claim a lawsuit.

Keep in mind that the time taken for filing the case depends on the statutes of limitations. And the constraints and time vary state by state. You may face several case motions before the discovery period, so you must be patient enough if you want to get justice.

3. The Discovery Period

The Discovery process includes several legal facts and situations to consider. It includes:

Discovering the facts
Getting ready the documents ( police reports, medical evidence, etc.)
Finding the witness and taking their statements.
Investigating any confusion about the accident scenario

After preparing all the documents and gathering all the essential information, you must prepare a demand letter. The demand letter is the amount you want your opponent to compensate for the accident.

After all this process, you need to calculate the maximum medical improvement of the victim. If the medical experts are not sure about the recovery time, any immediate relative can file a lawsuit.

4. Try for a Settlement

If you are not patient enough, you must try for a settlement with the opponent before entering the trial period. Trying for a settlement is part of the discovery process too. Several times the cases got settled depending on several conditions before going to a trial.

In case the opponent does not agree to the settlement, your case will be filed as soon as possible. This process can take from 6 months to 1 year, depending on the constraints.

5. Entering the Trial Period

Once you enter the trial period, there is no guarantee of how long it takes to settle. Depending on the legal limitations and facts, it may take one year or maybe 3 to 4 years.

The jury will listen to your case and get the opponent’s statements. The issue may go to multiple hearings.

During the trial period, there are high chances of a settlement. If your opponent finds it difficult to win the case, they may agree to the previous compromises. Now it is up to you.

You can decide what you want. If you want your money sooner, you can opt for settlement. But always remember, the more patient you are, the more compensation you can get.

6. Results

There are two possibilities: you may win or lose. If you win, then the opponent will provide you with the compensation set by the jury. But in another case, the other party can appeal to lower the amount that the jury decides.

In this case, there is a high possibility of another trial or a settlement that can again take 1 to 2 years.

7. Collecting Your Money

In case you win, the collection of the money starts. Depending on the amount and the scenario, you can collect the payment at a time or divide the amount for multiple recovery times.

This division depends on multiple factors. For example

The complexity of your case
The compensation amount. Etc.

Wrap Up

The question “how long does it usually take for a personal injury case to settle?” doesn’t have an exact and easy answer. But it depends on the various factors. You must be very patient if you want to acquire justice. In another case, settlements on lower compensations can be made.