What You Should Know About How Long a Lawsuit Lasts
If you have been injured and are contemplating or are currently involved in a personal injury case, time is of the essence and compensation for your injuries can’t wait. Here are the most common questions on personal injury settlements, and what you need to know throughout the trial or settlement process:- How long does a personal injury lawsuit take?
- How long does a personal injury case take to settle?
- How long do personal injury trials last?
Factors that Influence How Long a Personal Injury Lawsuit Takes
The factors that most influence how long a case will take include:- How severe your injuries are and how long it takes you to recover
- The complexity of the case
- The amount of damages being sought
- Whether the case can be resolved before or after a lawsuit is filed
- The caseload in your jurisdiction
- Your patience
- The defendant’s insurance company’s willingness to settle
Most accident and personal injury claims seem to be settled within one to two years.
The Length of Personal Injury Settlement Depends on Complexity
Below is a list of personal injury cases in order of complexity, generally from less complex to more complex. Remember, however, that each case is unique. How long it takes to settle an accident lawsuit also depends on the damages claimed and the injury’s severity.- Car Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Commercial Trucking Accidents
- Workplace Accidents
- Mesothelioma and other diseases
- Brain Injuries
- Medical Negligence / Nursing Home neglect
- Wrongful Death Accidents
How Long Does a Car Accident Lawsuit Take?
Car accident lawsuits take time. If it is a relatively straightforward case with minor injuries, settlement could occur within a matter of weeks or months. If injuries and damages are more extensive, as is often the case in motorcycle accidents, pedestrian accidents, and commercial trucking accidents, the settlement process may take a couple of years.How Long Does a Work Injury Lawsuit Take?
A minority of workplace accidents are often settled relatively quickly, within a few months. However, work injury settlements take about one to two years on average. Workplace accidents generally are handled in the worker’s compensation arena. However, if a worker is injured due to the negligence of a third party not employed by the worker’s employer, the worker may have an independent personal injury claim in addition to a worker’s compensation claim.How Long Will a Wrongful Death Lawsuit Take to Settle?
Wrongful death lawsuits that are straightforward can be settled in a few months. Other wrongful death lawsuits average a couple of years or more to resolve. Part of the reason for this time is that wrongful death claims require the court appointment of a “Personal Representative” to take action on behalf of the deceased person and his or her family. Adding a lawsuit beyond that can lengthen the timeline, as well.How Long Do Settlements Take for Brain Injury Lawsuits?
Lawsuits involving brain injuries take longer than average to conclude because traumatic brain injuries may take time to develop and heal. The majority of brain injury cases take anywhere from 18 months to three years and include injuries such as:- Concussions
- Traumatic brain injuries (TBIs)
- Fractures
- Hemorrhage
- Hematoma
When to Settle an Injury Lawsuit? An Overview of the Legal Process
The following are the basic stages of a personal injury lawsuit, from first contact to final steps. Your legal team can reach a settlement anytime, from when you hire a lawyer until a verdict is reached.First Things First, Seek Medical Treatment
The first thing you should do after receiving a personal injury is to seek medical treatment. It is the best thing to do long-term for your health. If you choose not to see a doctor after your accident or injury, or if you wait for some time before going, the insurance adjuster and/or jury may assume your injuries were not severe or unrelated to your accident.Consult a Personal Injury Lawyer
Next, discuss your situation with a personal injury lawyer. While some claims may be settled by yourself, many lawyers offer a free consultation and the help of a lawyer can be invaluable. Having a lawyer you can trust will give you peace of mind and a greater opportunity to focus on your health and healing. You must seek out and retain an experienced personal injury lawyer for these and many other reasons. Insurance companies prey on injured parties who don’t know their rights or understand the process. A well-qualified personal injury lawyer will take on all communication with the insurance companies to make sure your injuries are well-documented. These important facts are relayed to increase the value of your claim. This ultimately results in better and fairer compensation. Generally, if you require more than one or two doctor visits, you are always better off seeking an experienced personal injury lawyer to help you.Your Lawyer Begins Investigating
After you have hired your lawyer, he or she will begin putting your case together. This includes:- Interviewing you about the accident and any pertinent information
- Obtaining any police reports or other similar evidence
- Contacting witnesses and gathering statements
- Conducting any on-site investigation and collecting photographs or video footage
- Reviewing all medical records and bills relating to the accident