How Long Should a Personal Injury Claim Take?
If you’ve suffered an injury through no fault of your own, consider filing a personal injury claim. It’s often the only way to receive financial compensation for injuries and damages.
When considering whether to file a claim, most potential litigants have questions. How long should a personal injury claim take? What steps does the process need? Here’s a closer look.
The Personal Injury Claim Process
No two personal injury cases are exactly the same. Case length depends on several factors, including:
- Severity and type of injury
- Damages sought
- The number of parties involved
- Local and state laws
- The current burden on the relevant court system
Generally, most personal injury cases take about one to three years to resolve.
Selecting a Lawyer
The first action you’ll want to take is to find a personal attorney. Representing yourself is seldom a good idea. Only a personal injury attorney understands the specific legal requirements involved.
Most lawyers will meet with you as soon as possible. It’s not uncommon for an attorney to go to a hospital and meet with a client while they’re recovering.
You’ll discuss the specifics of your case with your attorney. The process should only take an hour or two to complete.
Lawyers can’t stand surprises. Never hold back any information about the accident, even if it doesn’t portray you in a good light. An experienced lawyer can work with negative information, but only if they know about it.
Information Gathering
Your personal injury lawyer will obtain as much information about your accident and injuries as possible. They will interview witnesses. They will seek medical records, accident records, bills associated with medical treatment, property damage records, employment records to substantiate any lost wage claim. They may even hire an investigator to investigate the accident itself.
Settlement Negotiation
In most cases, your personal injury lawyer will attempt to settle your claim for fair compensation without filing a lawsuit. Trials are expensive, and it is often advantageous to both sides to come to a fair agreement before a lawsuit is filed.
To begin negotiation, your attorney will likely send a demand letter to the insurance company and other appropriate parties. In most cases, your lawyer will send the demand letter after your Maximum Medical Improvement (MMI). MMI is the point in your medical treatment when you’ve recovered as much as doctors expect.
If the other party is not cooperating, or a fair deal cannot be reached, your lawyer will file a complaint to initiate a lawsuit. Sometimes, your lawyer might file a complaint before you reach MMI. You, your attorney, and your medical team will work together to determine what works best.
Filing A Complaint
Next, your attorney will officially initiate the lawsuit by filing a complaint. They will also notify all other parties involved that you have filed a claim. The timing of the filing of the complaint varies, but the statute of limitations (filing deadline) determines how long you can wait before filing a complaint.
In most cases, relevant statutes of limitations expire between 1-3 years after the date of the accident.
Discovery Process
The next phase of the personal injury case is the discovery process. Your personal injury lawyer prepares your case for trial or a potential out-of-court settlement. Your attorney will do a number of things during this period, including:
- Identifying and interviewing any potential witnesses to the accident, including the other party.
- Gathering and producing all relevant documents such as police and medical reports.
- Obtaining a medical summary from a qualified expert.
The discovery process usually takes about a year. During discovery, the parties involved might settle through negotiation, arbitration, or mediation. If you do not reach an agreement, your case will go to trial.
Trial
The trial’s start date depends on several factors. The type of case, where it’s filed, and the demands on the court system in that jurisdiction all play a role. Although most trials last a few days, some complex cases can last several weeks.
Your role in the trial depends on the situation. You might have to testify and tell your story to the court. At the very least, you will need to appear in court every day. A final verdict in a trial generally occurs about one to two years after filing a suit.
Additionally, even if the plaintiff wins in court, the defendant may elect to file an appeal. An appeal could change the awarded settlement or even result in a new trial.
These issues depend on the nature of the case and other factors. Your personal injury lawyer will be able to give you a more accurate sense of the timing of your particular case.
Collecting Damages
If you win your lawsuit, the court will award you compensation. The specific amount depends on your injuries, damages, and other expenses.
The collection process begins right away. But, you won’t always receive your money immediately. If the other side is not cooperative, the payment process could take weeks or even months to complete. It all depends on the damages awarded and other factors.
Final Thoughts
While settling a personal injury claim can feel like a slow process, it is worth it. It is also something that you don’t want to rush. Your attorney needs time to research and build your case so you can get maximum compensation for your injuries.