How Long Does a Personal Injury Claim Take?
After being involved in an accident, you will likely experience injuries, property damage, and some financial stress. You will want to seek compensation for your injuries and damages.
If you are considering hiring a personal injury attorney to file a lawsuit on your behalf, you may be wondering how long the process will take. While there is no average time to settle a personal injury claim, there are some specific factors that can give you an idea of your timeline.
Factors Impacting the Duration of Your Personal Injury Case
No two personal injury cases are the same. Some can be resolved in a short amount of time, while others will require more time and work. The most common factors affecting personal injury cases are how much medical treatment you need, the amount of your damages, and whether there are complex legal and factual issues.
Depending on the severity of your injuries, you may need to receive ongoing medical treatment. Some medical treatments, however, last longer than others. A firm understanding of your current and future medical needs is critical in assigning a value to your case.
Your Case Involves a Large Amount of Money
Certain cases, typically those with multiple parties or large medical bills, involve a significant amount of damages. These cases won’t settle as quickly because the insurance company will want to investigate the case thoroughly before settling. Large sums of money will likely delay your case.
Legal or Factual Issues
Depending on the case, issues may arise that delay the settlement of your claim. For example, it may be difficult to pinpoint who can be held liable for the accident, or the amount of your damages may be in dispute. Straightening out these issues can take some time, delaying your case.
Typical Personal Injury Lawsuit Timeline
While many factors can affect your claim, there is a typical timeline to personal injury cases.
If your injuries are severe at the time of the accident, seek medical treatment right away. Even if you believe you have not sustained injuries, it is still recommended you visit your doctor. Many times, injuries are not evident at the time of the accident and take a few days to surface. You may not even realize you have any injuries, but your doctor will be able to detect and treat any injuries.
You must also follow all of your doctor’s instructions and receive ongoing treatment if instructed to do so. Your medical treatment will be well recorded, and these medical records will eventually benefit your claim.
Hire a Personal Injury Attorney
While some will try to handle their personal injury claims independently, seeking the help of an attorney is highly recommended. Your attorney fully knows and understands the legal system and will competently handle your case from start to finish. While you focus on improving your health, your attorney will fight for your right to fair compensation.
Your attorney will get initial information from you to begin their investigation. This phase can include:
- Collecting relevant documentation;
- Investigating the scene of the accident; and
- Interviewing witnesses.
This phase can take weeks or even months, depending on the circumstances surrounding your case.
Your attorney will engage in settlement negotiations with the other side. There will be plenty of back and forth, and this will take some time. Your attorney’s goal is to get you the fairest settlement.
Filing a Lawsuit
If both sides cannot successfully negotiate a settlement, your attorney will file a personal injury lawsuit. Many lawsuits will settle out of court, but some will need to go to trial.
Mediation and Trial
Your attorney will try to settle your case in mediation. Mediation involves both parties attempting to come to a settlement with the help of a mediator.
If mediation does not produce a settlement, your case will need to go to trial.
There is no cost to speak to us about your case. We’re here to help. Call us at (718) 808-8800
Get the Process Started Today with a Free Consultation
If you’ve been injured in an accident, don’t wait to get your claim process started. An attorney can begin working on your case right away to help you get the compensation you deserve.
At Ferrante and Koenig, we are ready and willing to help our clients when they need it most. We are fully aware of the stresses and financial burdens accidents and injuries can bring, and our goal is to fight for your justice and fair compensation. We offer free case evaluations. Contact us today, and let’s discuss your case.
There is no cost to speak to us about your case. We’re here to help.