If you’ve been injured and are considering legal action, you’re probably asking, “How long does a personal injury claim take?” Every personal injury case is unique, and personal injury lawsuit timelines vary significantly depending on several factors. Some cases settle in a few months, while others may take years. However, working with a reputable and experienced personal injury attorney will ensure your case moves as quickly as possible.
In this article, we break down the key steps in a personal injury lawsuit and explain what influences the length of time it takes to settle or go to trial.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal dispute that arises when someone is injured by someone else. The case typically involves the injured party (plaintiff) seeking financial compensation from the liable party (defendant).
Personal injury cases can stem from various incidents, including car and truck accidents, maritime and industrial accidents, oilfield injuries, and workplace injuries. The main objective is to secure financial recovery for the injured party’s past and future medical expenses, lost wages, pain and suffering, and other damages.
Factors That Affect the Timing of Personal Injury Claims
Complexity of the Case
Not all personal injury lawsuit cases are the same. Some cases involve straightforward issues like a minor car accident with clear liability. Others may involve complex factors such as multiple involved parties, severe injuries, or disputed liability, which can prolong the legal process. The more complex the incident, the longer it can take to gather evidence, track down witnesses, and acquire legal documentation.
Medical Treatment and Recovery
It’s important that the plaintiff reach, or have at least attempted to reach, maximum medical improvement (MMI) before the case is resolved. This means all medical treatment has been completed and the injured person’s condition has stabilized and is unlikely to improve, either with or without additional medical treatment. Maximum medical improvement should always be sought so the full extent of medical costs can be calculated (and in certain cases involving permanent injuries, extrapolated into the future) in order to obtain maximum compensation. Prolonged recovery can extend the legal process, as sufficient medical records and expert opinions from medical experts must be acquired in order to document and substantiate claims.
Insurance Company Negotiations
Insurance companies may delay settlements by disputing claims or offering lowball settlements. Extended negotiation periods or the need for a trial to secure fair compensation can lengthen the duration of the case. Effective communication between your personal injury lawyer and the insurance company is essential for timely settlement negotiations.
Legal and Court Proceedings
Each personal injury lawsuit adheres to specific legal procedures and timelines. Court schedules, availability of judges, and mandatory waiting periods for things like mediation can all extend the timeframe. In cases requiring extensive litigation processes, the legal action can span several months or even years.
What Makes a Personal Injury Case Settle Faster?
- Clear Liability. When the responsibility for the injury is undisputed, settlements tend to occur more swiftly as there is less need for extensive legal wrangling.
- Comprehensive Documentation. Providing thorough and prompt medical records, accident reports, and other documentation can expedite the evaluation process and lead to a quicker resolution.
- Effective Negotiation. Strong, proactive communication and negotiation can sometimes lead to faster settlements, particularly if both parties are motivated to avoid the extended costs and delays of litigation.
- Efficient Legal Representation. An accident attorney well-versed in personal injury law can streamline processes, anticipate hurdles, and push for timely resolutions.
- Any attorney can call themselves a personal injury attorney, but not every attorney is though. It is important when selecting a personal injury attorney to select an attorney that actually goes to trial, and more importantly wins at trial. If an insurance company knows your attorney cannot back up what they say, they will delay the settlement process.
How to Make a Personal Injury Claim?
Step 1: Contact and Consult a Personal Injury Attorney
Reach out to a personal injury lawyer as soon as possible. At Perkins & Perkins, we always offer free case evaluations. Our goal is to make sure your expenses are taken care of, you get the medical care you need, and that insurance companies do not take advantage of you when you are vulnerable.
Step 2: Seek Medical Attention
Get medical treatment! At Perkins & Perkins, we collaborate with an extensive network of medical professionals to make sure you get the best medical treatment possible. It is important through the entire process to document all medical treatment meticulously, as these medical records will serve as important evidence in your claim. Utilizing the services of medical professionals that are familiar with the litigation process is an added benefit to making sure the claims and litigation process goes smoothly.
Step 3: Investigation and Evidence Collection
Your legal team will investigate the incident and gather evidence such as witness statements, police reports, and medical records. This thorough investigation is important for building a strong case that demonstrates the negligent party’s liability.
Step 4: File the Claim
Once enough evidence is gathered, your attorney will file a claim on your behalf. This step involves submitting detailed documentation to the defendant and their insurance company outlining your injuries, damages, the negligence involved, and formally initiates the legal process.
Step 5: Negotiations and Settlement Discussions
During this phase, your attorney will represent your best interests and aim to reach the maximum settlement possible. If an agreement cannot be reached, your attorney will file a personal injury lawsuit.
Step 6: Litigation (if Necessary)
During this stage, your attorney will file discovery, take depositions, file motions, in preparation for trial. During this time, your attorney should continue to engage in settlement negotiations informally or through mediation to help secure a fair and reasonable settlement that reflects the impact of your injuries and losses. The litigation process can be lengthy, but with skilled legal representation, you are better positioned to achieve a favorable outcome.
Step 7: Trial
If all else fails, then your attorney should be prepared to go to trial for you. A seasoned and confident attorney welcomes the opportunity to tell your story to a jury of your peers. At Perkins & Perkins, we look forward to trial. Where many attorneys are terrified to go and speak before others, we thrive. Most recently, in Chris Garza v Mostaghasi Enterprises, Inc. and Raul Salas DBA R&T Framing, our client, Chris Garza, was injured on a construction site and sustained a broken wrist. Defendants refused to offer any money. At trial, a Nueces County jury awarded Mr. Garza $15.8 million in actual damages and $2.3 million in punitive damages. This was the largest worksite injury verdict in Texas in 2022.
Maximize Your Chances of a Fair Settlement—Call Perkins & Perkins Law Firm in Texas for a Free Case Evaluation!
The timeline for settling a personal injury lawsuit depends on various factors, such as the clarity of liability, the severity of injuries, and the willingness of the insurance company to negotiate. The key to expediting your case lies in reaching maximum medical improvement and working with a skilled personal injury attorney who can effectively navigate the negotiation process and handle any potential delays. By having the right legal support, you can ensure a fair settlement while minimizing unnecessary time spent waiting for compensation.
If you’re facing a personal injury claim in Texas, don’t hesitate to reach out to the Perkins & Perkins Law Firm for legal guidance to protect your rights and maximize your chances for a timely, favorable outcome. We understand the challenges you face and will strive to fight for your justice and rightful compensation. Our team is always ready 24/7 to offer professional guidance, support, and representation throughout the entire process.
Let the Perkins & Perkins Law Firm be your advocate in pursuing the justice you deserve. Reach out to our professional team now for a free consultation!
