Personal Injury Lawsuit Timeline: What To Expect
If you’ve been injured in an accident, then you could be entitled to sue for damages under the law as the injured party. But how do you know what to expect when it comes to your personal injury lawsuit timeline?
The personal injury lawsuit timeline varies from case-to-case, so the first and most important thing you should understand – and this applies to almost everything in your personal injury lawsuit – is that your issues are unique, and have to be treated as such. What occurred in another personal injury case may have some similarities to yours, but it does not necessarily tell the whole story when it comes to your damages, the possibility of delays, the hostilities of the parties involved, and more! A law firm can provide essential support and guide clients effectively throughout their legal journey.
That’s why the idea of an “average personal injury case” or attempting to define how “most personal injury cases” play out can be distracting. In general, personal injury lawsuits tend to seem straightforward at first, but there is often hidden complexity below the surface. To better understand your personal injury case timeline, we encourage you to speak to skilled personal injury lawyers who can provide the assistance and clarity you need.
That being said, if you’d like to learn more about personal injury cases and the timeline of a personal injury case, then read on! We’ll explain some of the basics so that you’ll be well-equipped to talk about your case with the relevant personal injury attorneys.
How long do most personal injury claims take?
There is no one-size-fits-all answer for a personal injury case here. Personal injury claims can be resolved in a matter of weeks (i.e., when the defendant concedes that they were at-fault and has good reason to avoid the publicity of litigation), or can take a year or more to fully resolve (i.e., after delayed trial litigation and various other court processes).
Generally speaking, the factors that can influence how “quickly” your personal injury case will be resolved include:
- The hostility of the defendant in handling the dispute
- Negative publicity that could affect the parties involved
- Your willingness to reach a settlement compromise
- How busy/overwhelmed the court docket is
- How straightforward your personal injury claims are
- The complexity of the evidence at-play in the case
- Reaching maximum medical improvement (MMI), which indicates no further medical treatment will enhance your condition and is essential before settling claims or filing insurance
- And more
To better understand your personal injury case, we encourage you to connect to experienced personal injury lawyers who can examine the case in detail and provide specific guidance on what to expect as you move forward.
What are the stages of a personal injury case timeline?
As you engage your personal injury lawsuit, the stages of the dispute may vary in length. That being said, the particular processes that you’ll have to go through (in order to resolve the dispute) tend to be quite similar from case-to-case. Thus, you can expect to navigate the following:
- Investigating, gathering, and evaluating the evidence necessary to support your personal injury claims
- Working with witnesses (eyewitnesses and expert witnesses) to gather supportive testimony that could help strengthen your arguments
- Developing a legal argument and presenting a demand letter to the responsible parties
- Negotiating a potential settlement agreement with the responsible parties
- Navigating court processes, like hearings and evidence-production requests (i.e., the discovery process), if necessary
- Pushing all the way ahead to trial litigation, if necessary
- Securing whatever compensation is paid out (if any)
- And more
That may seem like a lot to take in, but in truth, it’s rather straightforward — your attorney won’t have to go through all these processes/stages unless your case continues to advance ahead. In most cases, however, the dispute is resolved through an early settlement.
For example, you very likely wouldn’t have to worry about prepping your expert witness to handle aggressive cross-examination by the defense attorney, as — if your dispute is resolved through an early settlement — you wouldn’t even reach that phase of litigation!
How much do you get for an injury claim?
The potential compensation in your lawsuit is a reflection of the damages (i.e., the losses) that you sustained as a result of the defendant’s negligent, reckless, or intentional misconduct. As such, the compensation can vary from case-to-case quite a bit, because the losses are unique to you and the particular accident that you were involved in.
Claimable losses cover a broad set of damage categories, including:
- Lost wages
- Loss of earning capacity
- Loss of property
- Loss of companionship
- Loss of enjoyment of life
- Medical expenses (i.e., medical bills for the comprehensive medical treatment that you went through to recover from your injuries. Your medical records will be relevant here.)
- Pain and suffering (i.e., the subjective physical, mental, and emotional trauma that you experienced due to the injuries.)
- And more
It can be challenging to measure your damages until you’ve spoken to an experienced personal injury attorney, as your losses must be tallied and measured in the context of your legal claim. For example, if you are unemployed at the time of a slip and fall accident or car accident, then your lost wages claim will be zero (or near-zero). By contrast, if you have a job when you’re in an accident, and you’re forced to take some time off from work to recover, then you could have a substantial wage loss claim.
Also, do bear in mind that not all losses will necessarily be covered by your insurance company, so you’ll want to look over your insurance policy contract with an attorney as you explore your compensation options.
How many personal injury claims go to court?
Industry observers estimate that less than 5 percent of personal injury claims actually go to court — in over 95 percent of cases, the dispute is resolved through a negotiated settlement compromise. That’s right, the vast majority of personal injury cases settle!
The reason for this discrepancy is because, in truth, most parties would rather avoid a personal injury trial and engage in settlement negotiations instead.
Why?
Trial litigation tends to be:
- Inherently uncertain;
- Resource-intensive; and
- May result in negative publicity
For example, suppose that you sue a local delivery company by bringing a car accident injury claim. Their delivery driver was operating their vehicle while intoxicated, and in your lawsuit, you are suing the company on the basis that they did not run proper background checks on their drivers — had they done so, then they would have discovered that the driver was an alcoholic with many DUIs on their record.
This sort of information, if made public, could negatively impact the defendant’s business. In fact, the publicity could destroy the business entirely. So when you are in negotiations with the defendant, they will feel pressured to offer you a favorable settlement, as they’d rather avoid the publicity of a trial.
Many disputes are like this — but with different factors influencing the desire to reach an early and favorable compromise through settlement negotiations! What constitutes a fair settlement will vary depending on the unique factors in your case. So just keep that in mind as you explore the possibilities in your personal injury lawsuit.
How long do I have to file a personal injury claim?
The deadline for your personal injury claim is known as the statute of limitations, and it varies from state-to-state (and on various other factors). It can be as little as a year, to as much as four years in some states, and generally begins to run from the date of injury.
If you do not file your claim within the applicable statute of limitations deadline period, then courts will view your claim as having been relinquished or abandoned, and will automatically dismiss it. This could prevent you from securing any compensation under the law.
Given the rather severe consequences of “waiting too long,” it’s critical that you consult an experienced personal injury attorney so that all your legal claims can be handled in a timely manner. It’s one of their responsibilities to manage your legal procedures in a timely manner, so you can rest easy knowing that they will help you navigate the dispute in a way that avoids any procedural hiccups (like a statute of limitations violation, for example).
Contact 1-800-THE-LAW2 for a Free Consultation
If you’ve been injured in an accident that was not your fault, then you could be entitled to sue for damages under the law. That being said, navigating the legal process isn’t always simple or straightforward. Unique challenges and opportunities are likely to surface as you move forward with litigation. That’s why it’s important to connect to an experienced personal injury lawyer who can help you at every stage of the dispute.
Contact 1-800-THE-LAW2 for a free legal consultation with a qualified personal injury lawyer in our network. During this initial consultation, you’ll be able to discuss the details of your case with the attorney and get professional advice on how best to proceed. In the event that you’d rather not move forward with your case (or with the network attorney), that’s okay — there’s no obligation to continue. So pick up the phone and call us today to get started!
We look forward to assisting you.
