How Long Does a Personal Injury Claim Take to Settle: Understanding the Process
Navigating the complex legal landscape requires experience. This is why when someone has an accident and becomes legally involved in seeking recovery, they seek help from a personal injury lawyer. They must also comprehend the timeline of a personal injury claim so they can prepare for the process.
You must understand the chances of winning a personal injury lawsuit, which will provide valuable insights into the process and outcomes.
The thing with personal injury claims is that they differ in duration. The complexity of the case, severity of injuries, and legal negotiations are a few factors that play a significant role in determining the expected duration. Then, there’s the quality of evidence, the expertise of your legal representation, and the injury’s effect on the claimant’s life.
Generally, a straightforward case takes about a few months, while complex cases involving severe injuries and disputed liability can stretch to a year and, sometimes, more. However, most personal injury cases are settled pretrial within one or two years.
How Long Does a Car Accident Lawsuit Take?
Car accident lawsuits are common, but their timelines can vary. For instance, if the case involves a rear-end personal injury settlement, it might be easier to settle in a short time.
Expect it to be settled within a few months or a maximum of two years, depending on the case complexity. But if the injuries are severe or the fault is disputed, the timeline can extend significantly, taking years to resolve.
Typically, many personal injury claims are settled before going to trial when both parties reach a mutual understanding. The settlement is negotiated based on the injury’s impact on the claimant’s life and well-being, and as easy as it may sound, these negotiations can be intense.
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When Can a Personal Injury Settlement Extend?
Other than the above-mentioned factors that influence the duration of a settlement, there are three main reasons for it to drag out:
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The extent and nature of the injuries aren’t fully understood
A settlement might take long due to the nature and scope of the injuries. The claimant could still be receiving treatment for their injuries, or it isn’t certain how much medical treatment they might need in the future. Maybe the doctors are unsure if the injuries can cause a long-term or permanent disability.
Unless you are ready to wait, it is best to know the value of your case before you decide to settle it. If you are undergoing treatment and don’t have a specific idea about your injuries, the settlement timeline will lengthen.
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A lot of money is involved in the case
A personal injury case involving significant damages means plenty of money. You should know that insurers will make it a slow and intricate process to pay a big amount. They will investigate and only be ready to pay when:
- They know they cannot defend against the claim
- The injuries are not as severe as claimed
- They can’t attack your credibility
Since some claimants cannot wait long, insurers often delay payment to see if the claimant gives up and accepts a small amount.
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The claim involves legal or factual questions
The questions usually surround two factors—who’s at fault and how badly was the claimant hurt. If the parties and witnesses say different things, proving liability can become difficult, and the insurer is likely to offer an unfair settlement. Filing a personal injury lawsuit and hiring an expert Anaheim personal injury lawyer can show you know what you’re doing and are ready to fight.
Another problem may surround your claimed damages. For instance, the plaintiff’s doctor might be unsure that the defendant’s negligence caused or contributed to your injuries. You might have had a preexisting injury or an ongoing condition that was worsened by the accident. The insurance company will wait for the doctor to testify that the defendant caused the injuries to make a reasonable settlement.
The Takeaway—Never Settle for Less
There could be a tight situation where you realize your case has more value, but you can’t wait longer for the right settlement. In such a situation, how will you know what to settle for?
The insurance company’s settlement offer might be 30-40% of what could be if your case reached a court trial. If you have a personal injury case and want it settled without involving yourself in an extensive litigation process, hire a personal injury lawyer for guidance.
Also Read: A Comprehensive Guide to Worker’s Compensation Benefits in California
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$1,300,000.00
Auto v. Auto Personal Injury
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$1,015,000.00
Elder Abuse
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$825,000.00
Auto v. Auto personal injury
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$825,000.00
Slip/Trip & Fall
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$800,000.00
Truck Accident Personal Injury
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$695,000.00
Industrial Personal Injury
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$665,000.00
Uber Accident
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$500,000.00
Drowning Personal Injury
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$375,000.00
Elder Abuse
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$350,000.00
Car Accident Personal Injury
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$250,000.00
Auto Accident Personal Injury
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$250,000.00
Truck Accident Personal Injury.
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$250,000.00
Auto Accident Personal Injury
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$250,000.00
Auto Accident Personal Injury
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$230,000.00
Trip & Fall
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$145,000.00
Auto Accident
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$140,000.00
Personal Injury
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$125,000.00
Bed Bug Personal Injury
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$100,000.00
Car Accident Personal Injury
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$100,000.00
Car Accident Personal Injury
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$100,000.00
Car Accident Personal Injury
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