How Long Will My Case Take?
If your bills are piling up following an injury resulting from a car crash, medical malpractice incident, or slip-and-fall, you might wonder, “Why is my settlement taking so long?” Here is what you need to know about the personal injury claims process and the factors that could affect your settlement timeline.
The Importance of Legal Support Throughout the Personal Injury Claim Process
Filing a personal injury claim is a challenging process, especially when dealing with insurer tactics designed to protect the company’s bottom line and make things more difficult for you. For example, insurance adjusters commonly delay the accident settlement process by asking for more paperwork and information. They can also offer settlements that are much lower than what you deserve in the hope that you will accept a quick payment out of desperation or sheer frustration.
In situations like these, having legal support can make all the difference. A personal injury attorney knows how to handle insurance company tactics and demand fair treatment of your case. At Salvi, Schostok & Pritchard P.C., we can handle the paperwork and deadlines while you focus on healing and rebuilding your life.
An experienced lawyer will try to prevent unnecessary delays where possible while ensuring that matters are not rushed at the expense of thoroughness and accuracy. Rushing can lead to mistakes or missed opportunities for larger settlements. Your attorney will aim to secure the most favorable outcome by meticulously building a strong case. We will gather all relevant evidence, negotiate with the insurance companies, and, if necessary, represent you in court. This thorough approach increases your chances of receiving a fair payout that fully reflects your losses.
Personal Injury Claim Timeline
The personal injury claims process involves several key steps for seeking fair compensation after an accident. Here are details on the steps involved in most personal injury lawsuits:
- Consultation with a Lawyer: Your first step will be to meet with a personal injury lawyer. During this meeting, your lawyer reviews the details of the accident and your injuries to determine if you have a viable claim and help you explore your legal options.
- Investigation of Your Claim: Next, your legal team collects and evaluates evidence related to your case, such as police reports, medical records, and witness statements. This investigation is necessary to establish who was at fault and document the full extent of your injuries.
- Filing an Insurance Claim: Once they have gathered enough information, your lawyer files a claim with the responsible party’s insurance company.
- Preparation of a demand letter – Your lawyer prepares a demand letter that provides details of the incident and your injuries, backed by the evidence your attorney collected.
- Negotiation with Insurance Adjusters: After filing the claim, your lawyer enters into settlement negotiations with the insurance company’s adjuster. They discuss the compensation you need to cover your medical expenses, lost wages, and other losses.
- Medical Treatment and Recovery: Throughout the claims process, you should continue to receive treatment for your injuries. Following your doctor’s recommendations is critical for your health and for proving that your injuries are serious and directly related to the accident.
- Resolution or Preparation for Litigation: If negotiations lead to a reasonable settlement offer, your case will be resolved, and you will receive compensation. If not, your lawyer will prepare to take your case to court and argue for the compensation you deserve before a judge or jury.
How Long Should a Personal Injury Case Take to Settle?
Every personal injury case is unique, so the time required to reach a settlement can vary significantly. Some cases can be resolved in a few weeks, while others take a few months or even years. Several factors can influence your settlement timeline, including:
- Injury Severity: Cases involving more severe injuries usually take longer. This is because personal injury lawyers typically wait to understand the full impact of severe injuries to ensure that any settlements cover all necessary medical expenses, both immediate and future. This often means waiting until you reach maximum medical improvement (MMI).
- Case Complexity: The more complicated the case, the longer it might take to settle. If liability is unclear or multiple parties are involved, your lawyer will likely need more time to gather evidence and negotiate with all parties’ insurance companies.
- Insurance Company Tactics: Insurance companies often prolong negotiations, hoping the injured party will settle for less. Your attorney can counter this by negotiating diligently to reach a fair settlement while preparing to take the case to trial if necessary.
- Involvement of Litigation: If you must file a lawsuit, the process will usually take longer. Your lawyer must file legal documents and have the defendant served. Court cases must be scheduled well in advance. How long discovery takes can also impact your case timeline.
While a quicker settlement might seem appealing, it is not always in your best interest. You may be able to obtain more money by waiting longer and further developing your case. Your lawyer’s goal is to secure the highest possible payout, so they will take as much time as necessary to build a strong case that fairly compensates you for your injuries and losses.
Why Does a Lawsuit Take So Long?
Civil lawsuits can take a long time due to the numerous legal steps involved and the court’s scheduling demands. The process begins when your lawyer files a complaint against the party responsible for your injury. The defendant then has a chance to respond. This exchange of documents can take several weeks as each side states their case.
Next, both sides engage in the discovery process, where they exchange information and evidence. This includes gathering documents, conducting depositions, and requesting answers to specific questions. Discovery is critical because it lays the groundwork for the trial, but it can also be time-consuming, sometimes taking months or even years, depending on the complexity of the case.
Before the trial, lawyers might also file motions to resolve or clarify legal issues. These motions can delay the trial date as the court takes time to decide on the issues.
The court’s schedule also affects the duration of a lawsuit. Court systems often have packed dockets, and finding court dates that suit the court, as well as both parties’ lawyers, can prolong the process. Sometimes, just waiting for a trial date can extend a lawsuit’s timeline significantly.
Your lawyer will work within the court system, striving to expedite the process where possible while ensuring that your case receives the attention and preparation it deserves.
Contact Our Experienced Personal Injury Attorneys for a Free Case Review
Are you dealing with the aftermath of a preventable injury and feeling overwhelmed by the legal process? Contact Salvi, Schostok & Pritchard P.C. for a free initial consultation. With more than 40 years of experience handling personal injury cases in Chicago, our attorneys are ready to help you move forward with your claim. We have secured more than $2.5 billion on behalf of our deserving clients, including over 350 cases resulting in excess of $1 million. Our attorneys have the knowledge and experience to fight for you. Reach out today to start the conversation and learn how we can assist you.
