One of the most common questions we are asked by a new client is, “how long will it take to settle my case?” Most of the time, our answer is, “it depends.” While some car accident and personal injury cases settle within one to two years, each claim is unique and the amount of time it takes to resolve a case can vary greatly depending upon many factors.
Factors That Affect the Length of a Personal Injury Case
Nature and Severity of the Injuries
Accidents that cause severe injuries resulting in hospitalization, surgery, and long-term medical care, such as spinal cord injuries, broken bones, and brain injuries, tend to produce larger settlements. However, cases involving these types of serious injuries often take longer to resolve because of the length time it takes to complete medical treatment. Personal injury cases involving less severe injuries such as sprains, strains, and bruising may resolve more quickly, but if the injuries are not permanent, may result in a lower settlement for the client.
Medical Treatment and Recovery
Settling a case too early may have serious long-term consequences for the client if they are in need of ongoing medical treatment and rehabilitation for their injuries. For that reason, it is always in the client’s best interest to follow their physician’s treatment plan and never skip medical appointments. Settling a case too quickly or before a client has completed medical treatment will almost always result in a lower settlement offer.
Liability Disputes
Some personal injury cases take longer to settle when liability is unclear. Disputes will often arise between the parties as to who was at fault, whether the injured party was partially at fault (comparative negligence), and whether the accident actually caused the injuries. At the outset of the case, the attorney will spend many hours investigating the facts surrounding the incident, interviewing witnesses, and gathering evidence in order to build the strongest possible case.
Amount of Damages
Even when liability is uncontested, the actual amount of damages may be disputed by the parties. Damages in a personal injury lawsuit can include monetary damages (medical expenses, loss of income, funeral expenses), non-monetary damages (pain and suffering, mental anguish, loss of enjoyment of life), and punitive damages. While calculating monetary damages can be fairly straightforward, there are often disagreements between parties as to the amount of non-monetary damages that should be awarded. Often times, disputes over damages do not settle before a personal injury lawsuit is filed.
Complexity of the Case
Naturally, it follows that the more complex the case, the longer a case will take to investigate, negotiate, litigate, settle and/or go to trial. Complex cases may involve serious injuries, wrongful death, multiple at-fault parties, and contested liability. Complex cases rarely settle before a lawsuit is filed, and once a lawsuit is filed can take several years to resolve.
Hire an Experienced Legal Team
At the Personal Injury Law Office of Heidi A. Hillyer, P.A., our team will analyze your case during your free initial consultation. If you decide to hire us, we will work as quickly and as diligently as possible, always keeping your best interests in mind. If you have been injured, call us today so we can obtain the justice and compensation you deserve. Call our office at (407) 636-8300 to schedule a free consultation or contact us online.