How Long Does a Personal Injury Case Take to Settle on Average?
Did you know that according to the Centers for Disease Control, 24.8 million people seek medical attention for unintentional injuries yearly?
A personal injury is devastating, but it can happen when an individual is working. When this occurs in a workplace, it can also happen on behalf of an employer. Therefore, knowing how long does a personal injury case take to settle is essential.
Anyone who feels they have been wronged in a personal injury case has the right to file a claim. However, the settlement process can take a long time for some people. But how long does it take?
Read on to learn everything about average personal injury settlement times.
What Are Personal Injury Cases?
A personal injury case occurs when somebody suffers from an injury because of someone else’s purposeful act or negligence. Many times, personal injury cases get settled without formal lawsuits.
However, other times they go to trial. Your case will most likely go through an arbitration or mediation process.
This acts as a middle ground between an outside settlement and a trial. During this process, you have the opportunity to resolve the case with the person who caused you harm.
Types of Personal Injuries
The most common types of personal injuries are auto accidents, medical malpractice, slips and falls, wrongful death, product liability, and assault.
If you have ever been in a vehicle accident that you believe was caused by another person’s negligence, you should get in touch with a personal injury attorney.
Whether your accident involved reckless driving, speeding, or drunk driving, you can be compensated if it was caused by someone else. However, this is not an easy case.
Auto accident claims usually become he-said, she-said situations due to a lack of proof. However, if you decide on hiring a lawyer, they can negotiate and find evidence on your behalf to build a strong case.
Check out this resource for the best personal injury lawyer to get the most excellent possible outcome for your case.
Personal Injury Claims
Slips or falls are prevalent types of personal injuries. Millions of people, especially the elderly, are in treatment in emergency departments for falls every year.
Many of these people got hurt due to someone else’s negligence. For instance, you may fall at work if the floor is wet or handrails are broken. If any of these cause an injury, you can claim compensation with the best personal injury lawyer.
Medical malpractice is caused by doctors who fall short of their responsibility. These types of injuries can be life-threatening. This is because a victim would need to recover physically, emotionally, and financially.
Some cases involve delayed diagnosis, misdiagnosis, medication, and surgical errors. A wrongful death injury case can also be brought forward when a negligent party causes someone’s death.
This helps family members not get burdened with funeral and medical expenses after losing their loved ones.
Product liability claims happen when a manufacturer or seller injures a buyer due to a design flaw. Although these claims are not as common, they can lead to massive payoffs.
How Long Does a Personal Injury Case Take To Settle?
Generally, it can take up to three years to reach a settlement in a personal injury case, with a minimum of one year. However, it is challenging to say how long cases take to settle because everyone’s story is different.
These cases take this long to reach a verdict because of a lengthy process, which is why hiring a lawyer is best. Remember that the best personal injury lawyers offer free initial consultations, so you never have a downside to meeting an attorney.
Lawyers can be busy, so you may need to wait a few days to meet a lawyer after reaching out to their office. You may need to meet different attorneys to find the right person for you.
Complex Process
The second step is to begin your case. A civil lawsuit cannot start until you officially file a complaint through the court and pay the filing fee. Then you must serve the defendant with a copy of your summons and complaint.
This complaint will state the facts of your case and how much the defendant is liable for damages. The summons is a legal document that informs the defendant that they are involved in a lawsuit.
Your attorney will also have to determine the relevant statute of limitations. This will let you know how much time you must file the lawsuit. The statute of limitations for injury suits depends on each state but should be up to three years.
Next is the discovery process. This is a pre-trial process where information is exchanged between parties involved in the lawsuit. This can include security footage, medical records, police reports, and other emails or messages.
During a deposition, both parties have the chance to question each other and all witnesses. The discovery process only begins after the complaint is filed.
This can go on until 30 days before the trial starts. Court motions and settlement negotiations can also take several weeks to end. Then you will go to trial if the case does not settle.
The judge or jury will review all your evidence to decide whether the defendant is liable for damages. Personal injury cases are never straightforward.
Therefore, it is challenging to determine how long they will take. However, on average, you should expect your lawsuit to settle within three years.
Find the Best Lawyer Today
Now that you know how long does a personal injury case take to settle, it is time to start the process. The first step is to find the best personal injury attorney to have your back.
They will help file your complaint while putting together all the evidence. There is a lot of paperwork involved.
Therefore, hiring a lawyer is always best to prevent your case from getting delayed. If you enjoyed reading this legal guide, check out some of our other posts for more information.