Before taking legal action after you’ve been injured, you probably want to know how long your case will take to resolve. Because each case is different, the answer will be different for everyone.
Below you’ll learn about the factors that can affect the time frame for your personal injury cases resolution.
Why do Some Cases Take Longer?
In cases where liability is not being disputed, resolution can be fast, sometimes happening in just a few months or less without a lawsuit being filed. A more complex case can take many years to resolve. If your case takes longer, it’s best to remember that getting a good result is better than getting a fast result that is less than you deserve.
The Impact of Injuries
Unfortunately, after an accident it can take a while for your injuries to become apparent. In fact, doctors often have to wait to offer an opinion about how serious an injury is until your condition has become stable. It can take up to a year for a doctor to determine how your injuries may affect your future health and life.
This is why taking your time is important: once you accept a settlement offer or your case is decided in a trial, the decision is permanent and you cannot be further compensated.
Settlement Discussions
Once your medical records and bills, property repair estimates, and any other important documents have been gathered, your losses will be determined. At this point, your lawyer will send a demand letter to the at-fault person or their insurance company. Often, a settlement is offered at this point and an agreement may be reached. If you don’t accept a settlement, the next step is to file a lawsuit.
Lawsuits
Settlements can be unsuccessful when both sides are in serious disagreement about how much compensation should be offered. At this point, you can file a lawsuit expressing your allegations and the defendant’s part in the accident, and setting out your injuries.
Discovery
The next step is the discovery period, during which lawyers exchange documents (including accident and medical reports, medical bills, insurance policies, etc.) and evidence regarding the facts in the case, witness information, and experts.
During discovery, you’ll also be required to answer the other side’s questions under oath. These questions may be about your injuries, health, education, employment, and other topics. If questions seem irrelevant or problematic, your lawyer will object. You may also have to get a medical examination from an independent doctor during this period.
Motions
Lawyers on either side can file motions before the trial, objecting to specific evidence or requesting that the case be dismissed if there is insufficient evidence to show that the defendant is liable. Sometimes the court’s calendar is quite full, which can delay your trial date for some time.
Mediation and Settlement Conferences
Prior to personal injury cases going to trial, you may experience settlement conferences, mediation or arbitration. During mediation, you will work with a professional mediator who tries to help both parties reach an agreement by discussing the evidence and issues with them. In arbitration, an arbitrator works similarly to a judge and decides on certain issues. Your case may be settled during this process or it may go to trial.
Trial
During a trial, a jury or a judge will determine whether the defendant is liable for the accident and how much you should be compensated for your injuries. Trials can last a few days to multiple weeks or longer and, once a verdict is reached, appeals and motions can still happen. Again, the case can still be settled during trial until it enters final deliberation.
Now that you’ve learned more about time frames for personal injury cases, download our personal injury recovery kit to find out more or book a free consultation with a personal injury lawyer for more information about the legal process.
