Personal injury cases can take considerable time to settle if you don’t have proper representation, evidence, and documentation. According to Orlando’s trusted accident attorneys, a typical personal injury case can take between six months to three years to settle. However, several factors may affect this time.
Factors that May Affect How Long A Case Takes
The time it takes to resolve a personal injury case will depend on how easily the insurance company makes a fair settlement offer. Besides this, several other factors may impact the time taken for a personal injury case to settle:
- The extent of your injuries
- Your eagerness to settle
- How backlogged is the court
- Whether the defendant is an individual or an insurance company
- If the case has unclear factual issues
- If you are partially responsible for the accident
Causes for Settlement Delays in a Personal Injury Lawsuit
Below are common reasons why your personal injury settlement may get delayed:
Your Injuries are Severe, and You Need Substantial Medical Treatment
Sometimes, your severe injuries may delay a personal injury settlement. It is usually recommended to wait till you reach maximum medical improvement to evaluate the extent of your medical expenses fully. If your injuries are severe, it will take time for you to heal and pull your case for long.
Disagreements, Discrepancies, and Legal Issues in the Case
Once you file your claim, insurance companies will review them thoroughly. Any discrepancies, disagreements, or legal issues in your claim can be used to deny your claim, reduce your damages, and delay your case.
You Don’t Have a Lawyer
Filing a personal injury claim alone can make you go around in circles without any outcome. You will be left at the mercy of the experienced insurance agents and the other party’s attorneys. As a result, your case can go on for long. Hiring an experienced personal injury lawyer like Bengal Law: Florida Accident Lawyers and Personal Injury Attorneys PLLC can help speed up your case. The lawyers have years of experience handling accident cases and will do their best to get you the best possible outcome.
Timeline of Settlement Negotiations in a Personal Injury Case
Typically, a personal injury case may be resolved in two ways:
- Through a settlement with the at-fault party’s insurance company
- By a verdict by a jury or judge in court
Typically, the time taken to settle a personal injury case out of court will depend on how you convince the insurance company about your damages and get a reasonable settlement offer from them. Usually, if your injuries are severe and can be proven easily, your claim may be resolved in a few days to a few weeks. But if the company thinks you are exaggerating your injuries or is unsatisfied with your claim, the case can drag on for a long time. Ideally, you should not accept any offer you are not 100% satisfied with. Before accepting any offer, you must also ensure you know the full extent of your injuries and damages. You will not be able to go back and ask for a new offer once you agree.
If your case isn’t resolved through an out-of-court settlement, you will have to take it to court. The defendant will be notified and given time to respond once you file your lawsuit. Then, the court will schedule preliminary hearings and set a trial date. Once the date is set, the discovery process begins. During this time, each side can gather evidence and build a case. Your attorney and the defense lawyer may also make motions for the court to rule during this time. This can take considerable time, making your case continue for long. However, you can speed up your case in court by responding quickly to court actions, complying with deadlines, and appearing in court when called.
Waiting for your personal injury case to close can be extremely frustrating. However, you should not give up halfway or accept an unsatisfactory decision because you want a quick resolution. Most of the time, you will not know the full extent of your injuries. Your treatment can last longer than expected, leading to more costs. Jumping to conclusions and accepting an early decision will not only harm your case but can also leave you with unexpected expenses in the future. When it comes to personal injury cases, patience is key. While it can be tempting to agree to a low settlement and close the case, doing so can hurt you in the long run.
