How Long Do Most Personal Injury Cases Take to Settle?
Recovering from a car accident, slip and fall case, or other personal injuries can be a difficult time- and waiting for a financial settlement only adds to the stress. Many plaintiffs want to know how long their personal injury claims will take to settle, so they can put it behind them and begin to move on.
Unfortunately, there is no set length of time for a personal injury claim- and several factors influence how long it will take for a final settlement to be reached. On average, it can take anywhere between six months and two years for a claim to settle. can answer questions such as, "What is the statute of limitations for nursing home negligence in Indiana?"
A personal injury attorney in Indianapolis can help their clients navigate the process- securing the best possible settlement offer in the shortest possible time.
What Factors Impact the Length of Time a Personal Injury Lawsuit Takes?
How long a personal injury lawsuit will take to settle depends on several things. Here are some of the things that could impact how quickly a settlement is reached.
How Long the Medical Treatment Lasts
A settlement should cover all medical bills- so if the victim is still receiving treatment and has not yet reached maximum medical improvement, it could delay the next steps. The physician can submit a report to the insurance company sharing their prognosis for the recovery- including an estimate of how much the total medical costs will be.
How the Settlement Negotiations Go
Negotiating a settlement out of court is the ideal outcome in most cases. The liable insurance company usually wants to take this route (it is much faster if they do and avoid additional court costs), but it can take a while to reach a figure that both parties are happy with.
The Length of Time Spent on Discovery
The discovery process can take a long time- up to two years in some cases. It is one of the major influencers of the time it takes to settle a personal injury lawsuit.
The Size of the Claim
Large monetary sums are more complex. A personal injury case with a lot of money involved can take longer- because the insurance company doesn't want to pay or the defendant doesn't have the financial means to. The attorney fighting for the defendants may have to spend more time trying to seek compensation at the level the victim deserves.
Any Additional Legal Issues with the Case
Sometimes, there can be legal complications with one or more of the parties involved. Proving liability can be difficult- especially in a medical malpractice lawsuit- and that can add time to the case.
Other complications can include issues with witnesses, hesitation from doctors to confirm fault- or debate over what caused the accident.
Overview of a Typical Personal Injury Case Timeline
Treatment: Health comes first- and getting the required medical treatment is the top priority. This is where a lot of the expenses are involved- between medical bills and follow-up expenses- and the medical records play a vital role in the settlement negotiations.
Planning the lawsuit with an attorney: Meeting with a lawyer early is essential for a smooth and time-efficient legal process. Discussing the case before proceedings begin helps map out a plan and ensure all the right legal actions are taken. They review the evidence and move forward with finding a resolution.
Discovery: A discovery process in the settlement is where both parties ask for and hand over any relevant information. The legal representation on both sides can ask questions, depose witnesses, and put together pre-trial arguments.
Settlement negotiations: The lawyer goes between the victim and the at-fault party's insurance company to negotiate a settlement deal. They take into account medical costs, pain and suffering, lost wages, and any other damages- working to come to an out-of-court agreement.
Mediation: If negotiations don't go to plan, the case goes into mediation. Mediation is where both sides sit down with a neutral third party to find terms that both agree to. It is not legally binding, and the case can still end up in court if no settlement is confirmed.
Trial: The last step is trying the personal injury case in court. All the evidence is presented, and a judge will decide how much- if anything- the defendant needs to pay.
How Can a Personal Injury Attorney Help?
An experienced personal injury attorney can take steps to pre-empt any delays in the case and get in front of anything that could stand in the way of a swift and favorable settlement.
Personal injury lawsuits in Indiana have a two-year statute of limitations, so consulting a legal expert as soon as possible helps ensure victims do not miss the deadlines applied in the state.
While the plaintiff focuses on their recovery, their attorney can proceed with the personal injury lawsuit in a timely manner- handling negotiations, discovery, and evidence gathering.
It helps to have someone on the victim's team who understands the ins and out of personal injury claims and how long they take, so they can do everything necessary to get through things properly and quickly.
Why Choose Shuerger Shunnarah?
Working with an Indiana personal injury lawyer at Shuerger Shunnarah Trial Attorneys means working with the best. When victims need a team to go to war for them to reach a settlement in a reasonable time frame, these legal minds cannot be beaten.
From car accidents to medical malpractice, Shuerger Shunnarah lawyers are extremely experienced and unrivaled in their dedication to winning top settlements for victims in personal injury cases.
Shuerger Shunnarah Trial Attorneys go to war for victims in Indiana personal injury cases- taking all the vital steps to secure fair compensation and justice for their suffering. They can also assist with questions like, "What are special damages in personal injury?" Although the exact timeframe cannot be confirmed- this elite team of dedicated legal experts can guarantee the most dedicated, professional, and time-effective service for clients.
Let Shuerger Shunnarah go to war for you with your personal injury claim. No matter how long it takes, they fight for the best outcome for victims.