Whether you’re considering filing a personal injury lawsuit or are already in the process, knowing how long it can take to reach a settlement is important. While there is never an exact answer to this question, there are several factors you can look at to get a sense of how long it might take.
Below, you’ll learn about timelines for personal injury lawsuits so you know what to expect.
Getting a Quick Settlement
How long does it take for a personal injury claim to be resolved? One of the biggest factors is whether you are willing to accept the initial settlement that the insurance company offers you. If you want a fast settlement, the only way to guarantee it is to accept less money. For some people, taking less may be worth it, but you should always consider how much you’re willing to sacrifice for a faster settlement.
Reasons for Slow Moving Cases
Personal injury cases often move slowly for a variety of reasons including legal or factual problems, high compensation amounts, or the fact that you have not fully healed from your injuries yet. In any of these scenarios, the timeline will be longer unless you’re willing to settle for less.
Proving Liability
Your ability to prove liability is another factor that will affect the timeline of your case. If liability is relatively easy to prove, your case will likely move more quickly. If, on the other hand, your case is difficult to prove, it will move more slowly.
For example, if your doctor or the insurance company’s doctor is unsure whether the defendant’s negligence caused your injury, this could slow down your case. As the plaintiff, the burden of proof is always on you, which means you have to prove negligence before the other party’s insurer will offer a fair settlement amount. Often you’ll have to have your lawyer file a lawsuit and hire experts to prove fault before the company offers you a reasonable amount.
Compensation Amounts
Another common scenario that can affect your case is how much money is involved. Cases that involve less money usually move more quickly than high-dollar cases.
In a high-dollar case, an insurer will always thoroughly investigate liability from all angles before offering a fair settlement. They will make sure your injuries are as severe as you have reported, that you are credible, and that they do not have a defense before they will offer a settlement.
Insurers will even intentionally move slowly on settling a big case to see if you will settle for less money. If you’re severely injured, you may need the money and be unable to wait to be compensated.
Injury Treatment Response
If your injuries are treated and you heal quickly, this will make your case go faster. On the other hand, if your injuries take longer to heal, your case may not move forward as quickly.
If you are still treating your injuries, it is hard to know how much compensation you will be entitled to, so expect the decision to be delayed until you have fully healed. If you can afford to, it’s best to wait to settle until you have healed as much as is possible.
Should I Settle?
If you are in need of money, settling is an option, but you will almost always get more compensation if you wait. If the settlement you are offered is consistently too low, you should speak to a Personal Injury lawyer about filing a lawsuit. While moving forward with a personal injury lawsuit can be time consuming, it can help you recover more compensation.
If you are considering settling, the best thing to do is to call a lawyer to get the legal help you need. They will be able to advise you on what you can expect if you decide to settle versus waiting.
To find out more about how long your case may take, contact us for a consultation. Or to learn more about your legal rights, download our personal injury recovery kit.