A 2021 study concluded that there were approximately 25.5 million emergency department visits for unintentional injuries. Many of these were the result of someone else’s negligence.
Situations like these call for hiring a lawyer to file a personal injury lawsuit. Not everyone understands the timeline for this type of legal action, though.
Wondering how long should a personal injury case take to settle? We’ve created a list of the most important factors. Let’s dive in.
Understanding Personal Injury Cases
Personal injury cases encompass a broad spectrum of legal disputes arising from incidents where an individual suffers harm due to the negligence or intentional actions of another party. From car accidents and defective products to medical malpractice and premises liability, there are various types of personal injury cases that can result in significant physical, emotional, and financial hardships for the victim and their loved ones.
Common Types of Personal Injury Cases
Personal injury law covers a wide range of scenarios, each with its unique set of circumstances and legal considerations. Some of the most common types of personal injury cases include:
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Car Accidents: Traffic collisions often result in severe injuries, medical bills, and property damage, making car accidents a frequent basis for personal injury claims.
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Medical Malpractice: Instances of medical negligence, such as surgical errors, misdiagnosis, or medication mistakes, can lead to serious injuries or wrongful death, prompting victims to seek compensation through medical malpractice claims.
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Premises Liability: Property owners have a duty of care to maintain safe premises for visitors. Cases involving slip and fall accidents, inadequate security, or dangerous conditions on the property may give rise to premises liability claims.
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Defective Products: Manufacturers, distributors, and sellers can be held liable for injuries caused by defective or dangerous products under strict liability laws, leading to product liability claims.
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Wrongful Death: When a person’s death is caused by the negligence or misconduct of another party, surviving family members may pursue wrongful death claims to seek compensation for their loss.
Pre-Complaint Settlements
In most cases, the other party’s insurance company will deny liability. They won’t necessarily claim that the plaintiff was at fault. However, they will claim the defendant was not the cause of the plaintiff’s injuries.
In some situations, the insurance company will attempt to settle out of court. This is done to save both parties time and forego legal proceedings. It’s never recommended to accept the initial offer.
This amount is typically far less than what the plaintiff deserves. To get the right compensation, you’ll need to litigate or negotiate with the insurance company.
Seeking Compensation in Personal Injury Cases
Personal injury claims typically seek compensation for various types of damages incurred by the victim. These damages may include:
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Medical Bills: Victims of personal injury accidents often face substantial medical expenses, including hospital bills, surgeries, medications, and rehabilitation costs.
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Lost Wages: Serious injuries can result in temporary or permanent disability, leading to lost income and earning capacity for the victim and their family.
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Pain and Suffering: Beyond economic damages, personal injury victims may also be entitled to compensation for physical pain, emotional distress, and diminished quality of life.
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Noneconomic Damages: Noneconomic damages refer to intangible losses that are not easily quantifiable, such as emotional distress, loss of enjoyment of life, and mental anguish.
The Role of a Personal Injury Lawyer
Navigating the complexities of a personal injury case can be challenging, especially when dealing with insurance companies and legal proceedings. Hiring an experienced personal injury lawyer can significantly enhance your chances of obtaining fair compensation for your injuries and losses.
A skilled personal injury attorney can:
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Assess the Case: Evaluate the merits of your claim, gather evidence, and determine liability for the accident or injury.
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Negotiate with Insurance Companies: Communicate with insurance adjusters, negotiate settlement offers, and advocate for your best interests throughout the claims process.
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Litigate if Necessary: If a fair settlement cannot be reached, your attorney can represent you in court and pursue litigation to seek the compensation you deserve.
Discovery
In your case’s timeline, the discovery phase gives both sides the opportunity to gather evidence. In personal injury cases, this often includes police reports, witness statements, videos/pictures, and physical evidence.
For example, let’s assume a customer at a business injured themselves after a stair handrail broke during use. Security camera footage could be used to provide evidence of the plaintiff’s injuries, such as how far they fell after the handrail broke.
There can’t be surprises during this phase. Both sides must notify the other of the evidence they plan to present in court.
The discovery phase can sometimes lead to a settlement. With enough evidence, there can be undeniable proof that the defendant was at fault.
Both sides can then negotiate on a compensation amount. If the parties can’t agree on a settlement, the case moves forward.
Interrogatories
After evidence is compiled and reviewed, both sides’ attorneys will prepare interrogatories. These are a set of written questions asked to witnesses on the other side. To facilitate truthful responses, these questions must be answered under oath.
Interrogatories aim to clarify the present issues and establish fault. They can also create opportunities for settlements.
Using the aforementioned handrail example, an attorney might ask the business owner the last time they inspected the integrity of the handrail. They might also ask them if they’ve ever received complaints that the handrail was unstable.
Depositions
These are face-to-face interviews that the opposing side will conduct with witnesses. Like interrogatories, questions during depositions must be answered under oath. They are also recorded.
It’s essential for attorneys to ask only relevant questions. Information garnered through irrelevant questioning could be ruled inadmissible.
Depositions are often time-consuming and expensive for defendants to handle. As a result, this phase can easily create settlements.
Depositions can also put the defendant’s case at risk. The answer to the right question can significantly strengthen the plaintiff’s case.
Settlement Conferences
These can occur at any point before the trial date, and they often have a high success rate. Defendants tend to avoid settlement conferences early during the case.
These meetings require both sides to sit down and negotiate. Judges order these conferences to resolve cases without going to trial.
Going to Trial
Personal injury trials tend to last less than a week. They require substantial time and money from both sides to prepare for. A trial’s timeline starts with choosing a jury and issuing opening statements.
Witness testimony and cross-examination then occur. Closing arguments are then issued from both sides.
Then, the jury deliberates and decides on a verdict. Going to trial carries risk unless one side is 100% liable. There are many cases where the judge makes an unanticipated ruling.
To mitigate risk, one party might offer a settlement to the other the day before the trial. The later a settlement is proposed during a case, the more attractive the offer must be.
Appeals
After a case concludes, they have the opportunity to appeal the judge’s decision. Personal injury appeals are different from criminal appeals. Both parties are also able to file.
The losing side could appeal that the judge’s decision was incorrect and seek to overturn it. The winning side could appeal the judge’s decision and ask to reassess the verdict. This is common when successful plaintiffs feel they didn’t receive enough compensation.
The appellate court will handle appeals. Appeals must be based on errors made by the trial court. For example, the appellate court might conclude that the judge made a mistake by allowing certain evidence.
They could then conclude that the trial was flawed and order a new trial. There’s no guarantee this will occur, though. Regardless, it’s important to appeal your case if you feel you didn’t get the result you should have.
How Long Should a Personal Injury Case Take to Settle?
The answer to this question depends on many factors. If the plaintiff accepts the pretrial settlement, the personal injury case could be resolved in less than a few months.
If both parties reach a settlement during the discovery phase, the case could last less than a year. Settlement conferences that occur often shorten lawsuits by at least several months. It’s possible for them to shorten the length of the case by over a year.
Keep in mind that some personal injury cases can have more than two parties involved. This is common when dealing with car accidents. Based on the factors above, a personal injury lawsuit can take around a year and a half to complete.
Take Action as Soon as Possible
If another party is at fault for your injuries, take action as soon as possible. Finding the right lawyer will dictate the outcome of your case, and it’s best not to wait before reaching out. Remember the answer to “How long should a personal injury case take to settle” so you can smoothly get your life back on track.
At Heil Law Firm, we strive to bring the highest quality legal representation to each of our clients. We have years of legal experience in and out of the courtroom, giving us comprehensive expertise in handling personal injury cases. Schedule a consultation today to see how we can help.
