Timeline for Resolving Personal Injury Cases - There is a clock on the day when your injuries happen. There is a limitation period of in place in every state that particularly pertains to personal injury claims. You or your personal injury lawyer will forfeit your legal right to pursue damages compensation if you don't settle your claim or bring a case before the statute of limitations runs out.[1]
Ensure that you file your claim before limitation of times catches up with your claim!
Most injury claims are paid by the insurance company of the at-fault party. Claims against car, homeowner's, property liability, or malpractice insurance typically follow a similar timeframe from the time the claim is filed until it is settled or completed, regardless of the type of personal injury you sustained. A personal injury claim usually proceeds according to the schedule outlined below.
The majority of states set a deadline of one to two years, but others set as much as four. In Texas, for instance, the statute of limitations is two years. Regardless of the state in which the action is filed, there are a few exceptions to the statute of limitations. For instance, you might only have a few months to file an injury claim if it's against a government agency. In California, the statutory time limit is two years.[2]
The time limit begins on the day of your injury or as soon as you may have reasonably been informed of it. You will be able to pinpoint the exact moment of injury in the event of a car accident, slip and fall, or dog bite. EMS or local law enforcement documents are usually sufficient to substantiate this. But let's say you were hurt in a restaurant, grocery shop, movie theatre, mall, or some other public location. If so, you have to notify the manager of the establishment about the incident, your injuries, and your need for a copy of the accident or incident report. In certain situations, including medical negligence, faulty equipment, or exposure to toxins, the statute of limitations starts to run from the moment you discover how you came to be injured.[3]
Sadly, nobody can predict with accuracy how long a personal injury claim or lawsuit will take, nor does anyone possess a crystal ball. While disputes involving severe or catastrophic injuries may linger for years, injury claims involving minor to moderate injuries usually settle within a few weeks to months. The length of time your case takes will vary based on:
Whenever possible, get medical attention the same day you get hurt. In certain situations, you should look for it right away. Then, always heed the recommendations of your medical professionals. Within a short period, doctors can frequently determine the degree of your injuries. On the other hand, it may take several months for severe injuries, such as traumatic brain injuries (TBI), to fully manifest and determine whether any long-term impairments may result. You could risk your personal injury claim if you don't get medical attention right away.
Your insurance claim may suffer if you refuse to receive medical care at the time of the accident or put off getting medical attention. The insurance company will likely claim that you were not hurt in the incident or accident. For the medical professionals to link your injuries to the accident or occurrence, you should always explain to them how your injuries happened. This should be thoroughly recorded in your medical file.
Arrange and store any pictures or other evidence you took at the scene of the accident in a secure location. Maintain a record of your medical appointments, time away from work, and any other unfavourable effects of your injuries. If you are limited or in pain, record your daily feelings and whether you are getting better in your notebook. Take note of how taking medications for an injury affects your life; for example, pain medication may make it difficult for you to perform simple home duties. Throughout the claim procedure, your injury attorney will compile additional evidence, but you can assist by beginning to arrange the evidence you already possess.
You should speak with a knowledgeable personal injury lawyer about your accident and injuries, even if you believe your claim is simple. You've probably not even considered all the aspects of your claim. A seasoned lawyer can usually provide you with free, no-obligation advice. Most attorneys for personal injuries just take cases on a contingency fee basis. This implies that they won't charge you until they've successfully gotten you paid for your injuries. Their fees will be deducted directly from your compensation if your claim is successfully settled or you get a court award. They receive nothing if they are unable to obtain payment for you. A lawyer can nearly always improve your take-home pay even when their fees are deducted from your payout in damage claims.
Practically speaking, you ought to take this action as soon as you are discharged from the hospital or physician's office following medical care. It is possible to resolve a personal injury claim on your own, but doing so is not advised.
If any of the following situations apply to you, you should contact a personal injury lawyer:
Choose a personal injury attorney with a proven track record of success in court and successful settlement negotiations on behalf of their clients. Selecting a personal injury attorney with the financial resources to cover expenses if your case drags on is also crucial. Work with no attorney who demands payment in full out front. A competent personal injury lawyer should guide you through the ins and outs of your case and fight for you throughout the settlement process.
After suffering a personal injury, one should notify the insurance company of the individual who caused the harm as quickly as possible so that your attorney can formally file an injury claim on your behalf and seek compensation. Waiting is not necessary. If you wait, you run the danger of your claim not being filed within the relevant statute of limitations and you may not get the money you need to cover your medical expenses and lost wages. Your attorney should also notify your insurance company if you were involved in an auto accident. The "notice and cooperation" clause found in most auto insurance plans mandates that policyholders notify the insurance company of any vehicle accidents, even if they are not at fault. Your hired attorney will handle finding and informing all relevant insurance companies.[4]
Your personal injury lawyer will write a formal demand letter to the relevant insurance companies or other persons accountable for your damages when they have finished investigating your situation. The insurance company will probably make a counteroffer to your attorney after the first demand. A few rounds of counteroffers are typical before your lawyer and the other party achieve a settlement through negotiation. Ultimately, it is up to you to determine whether or not your claim will be settled. Your attorney can provide you with an estimated amount for your claim based on their prior experience and comparable local instances.
After the accident occurred, most injury situations resolve in a matter of weeks or months. However, several variables affect whether a matter proceeds to trial or how long a fair settlement takes. You're more likely to get a quicker settlement if:
Remember that if the insurance company adjuster adheres to a low settlement offer, settlement talks may occasionally stall out or fail. When someone who has been harmed tries to represent themselves, this usually occurs. Sometimes all it takes to persuade the insurance adjuster to negotiate a proper payment is the experienced legal counsel of an injury attorney. However, after months of fruitless settlement talks, contentious or complex claims are more likely to result in a lawsuit.
You will not bring legal action against the insurance company itself, even if the insurer declines your demand to settle. Rather, your lawyer will bring a lawsuit against the party or parties that are at fault. Let's say you have injury claims against hospitals, doctors, pharmaceutical companies, or big businesses like Sam's Club or Costco. In that situation, you will likely require the services of an accomplished personal injury lawyer to bring a claim and get just compensation for your losses. Regretfully, large corporations and malpractice insurance providers are defended against harm claims by tenacious legal teams. Even if you choose not to pursue compensation from a big, established business, managing complex injury claims requires an experienced lawyer. Complex claims consist of those that have:
The United States Department of Justice (DOJ) reports that the majority of personal injury cases end in settlement out of court. Just 3% of cases end up in court. You need a lawyer who is prepared to settle disputes and go to court for you.
Through the legal process of discovery, both parties can gather the pertinent data and facts needed to build a compelling case for trial. During the litigation discovery process, your attorney might ask the responsible party for records and information that you would find difficult to obtain on your own. Usually, the litigation's discovery process is finished in less than six months. However, depending on how complicated the case is, class actions and other high-stakes claims could have lengthier discovery deadlines. Typically, the discovery process entails:
Participants in the lawsuit and witnesses are questioned under oath by solicitors from both sides. These meetings are recorded on video or audio, and a court reporter writes up the transcripts for the record.
Documents containing written inquiries concerning the case's facts and further information are served to all parties concerned.
The court may issue a subpoena to the opposing attorneys to get critical evidence, such as mobile phone records, company emails and correspondence, manufacturer's design blueprints, and other relevant paper or electronic data.[5]
Before the matter goes to trial, some courts require that the parties try to resolve it through mediation. Usually, retired judges attorneys, and mediators will hear all sides of the dispute and try to persuade the parties to reach an agreement to avoid going to trial. Usually, a list of potential mediators is shared by both parties until a mediator who meets their needs is chosen. Nonetheless, some courts handle personal injury cases through mediators. Equally shared by the parties are the mediator's fees. Mediation is not enforceable by law. Who wins the lawsuit is not decided by the mediator? They will, however, express their opinions about each side's arguments to each other. If mediation fails to result in a settlement, the parties will move on to litigation.
Few personal injury lawsuits proceed to a jury trial and verdict. Nonetheless, by the time an injury case gets to trial, both sides are well aware of the advantages and disadvantages of their respective positions. Most personal injury lawsuits settle out of court even at this point. Many do so within hours of the trial starting. Therefore, even if you have a strong claim, it's important to carefully examine the advice of your lawyer before settling. You won't have the chance to file an appeal once your case is resolved. The matter is concluded after you get your portion of the settlement money. You sign papers acknowledging that you will not try to pursue the claim further or seek more money from the at-fault party when you get your settlement. Trials are often dangerous.[6]
One cannot predict what a jury will decide or what they may think about your case. You might not receive as much as the at-fault party proposed to settle for before the trial, even if they agree with you. Alternatively, you could get a jury that is extremely understanding and get paid a lot. Unfortunately, the other side will probably launch an appeal if you receive a sizable jury award. The drawback of these situations is the length of time required for appeals. It will take an additional year or two even if you prevail in the appeal to get your money back. Occasionally, following the trial, the guilty party may offer to settle for a smaller sum than the jury found in exchange for your promise not to file an appeal. Thus, consult with your personal injury attorney to decide which line of action is appropriate for your particular claim. Timelines for personal injury cases vary from case to case. If you were injured recently, make an appointment to talk about your claim with an experienced personal injury attorney right now.
As the aforementioned data illustrates, it may take several months to two or three years for a personal injury lawsuit to be resolved. We recognize that this could feel like a long period, especially if you haven't been working and are concerned about your financial situation. In these circumstances, the temptation is to get some cash and settle soon. Insurance providers anticipate this to occur.[7]
It's one of the reasons they could be reluctant to agree to a settlement for a valid claim. If they initially refuse to give you what you are rightfully entitled to, you might become frightened and settle for far less, or you might become so irritated with the lengthy wait that you take less than you deserve. However, making a snap decision at an early age might have detrimental effects on you for the rest of your life. Any attorney or insurance adjuster who promises to secure you a speedy payout should be avoided.
Your attorney should start the lawsuit right away. Reminding you that you have not achieved MMI, your attorney suggests you delay accepting a settlement offer. You consent to hold out a bit longer.
It's a wise choice for you to postpone a quick settlement since an orthopedic surgeon discovers that you have a ruptured disc, necessitating extensive spine surgery. You would be responsible for covering the entire expense of the procedure on your own if you had made an early settlement. However, if you exercise patience, your attorney can include those medical expenses in your case, increasing the amount of the payment.
Ultimately, it is hard to estimate how long a case will take to resolve. Our best recommendation is to exercise patience and refrain from making hasty decisions. Be sure to hold off on making any real settlement attempts until you have reached MMI. We can get advice regarding your long-term medical prognosis from your doctor.
A: The most frequent categories of personal injury claims include assault and battery, slip and fall incidents, car accidents, and medical negligence.
A: Should your case succeed, personal injury attorneys are paid on a contingency basis. If you win, they will take 33–40% of your payout. That being said, you are not required to pay if your case is lost.
A: A claim for personal harm is a court case brought by a single person, known as the plaintiff, who has been harmed or injured as a result of the carelessness or deliberate actions of another person, known as the defendant. This damage may be monetary, psychological, or physical.
A: Numerous accidents, such as vehicle collisions, slip-and-fall incidents, workplace mishaps, medical negligence, defective products, and more, may give rise to personal injury lawsuits.
The majority of personal injury claims in California have a two-year statute of limitations from the date of the accident or the injury's discovery. It is imperative that you submit your claim within this time frame or you may forfeit your opportunity to pursue compensation.[8]
In personal injury lawsuits, damages—also referred to as compensation—may include lost income, medical costs, property damage, emotional distress, pain and suffering, and, in certain situations, punitive damages.
Even if you may manage a personal injury claim without legal assistance, doing so can greatly improve your chances of getting just compensation. A lawyer can represent your interests, negotiate with insurance companies, and help you through the convoluted legal system.
In personal injury cases, the fault is usually established by evaluating each party's level of carelessness or accountability. Due to California's use of the comparative negligence rule, awards may be withheld if the plaintiff is deemed to have contributed to the accident to some extent.
It is essential to seek legal advice from a personal injury attorney before accepting any settlement offer made by an insurance provider. Insurance firms frequently attempt to negotiate lower settlement amounts for their claims. A lawyer can evaluate the offer and advise you on its fairness in light of your case's specifics.
Yes. In California, you may still pursue a personal injury lawsuit even if you shared some of the blame for the collision. However, the comparative negligence rule may result in a reduction in your compensation based on your degree of fault.
Seek urgent medical attention, take pictures of the accident scene and your injuries, get the contact details of any eyewitnesses, report the accident to the relevant authorities, and, to find out more about your legal rights and alternatives, speak with a personal injury lawyer as soon as you can.
Allow our team of lawyers from LA Injury Group to handle your claim!
It might be perplexing and annoying to wait for your personal injury settlement. We are aware of the urge to give in as soon as possible when things seem overwhelming. To ensure that you obtain everything to which you are entitled, our team of skilled and experienced personal injury attorneys will assist you navigate through those difficult times and work to get you the best possible compensation.
You are more than just another case number to LA Injury Group for personal injury claims. We view you as a unique person who requires our assistance to obtain what is rightfully yours. We pay you our undivided attention and consideration. We are aware of the financial and emotional toll an incorrectly refused insurance claim can have on you and your family. We are aware of how important it is for your family to have everything settled as quickly as possible.
We can talk about your circumstances during our complimentary consultation. You can contact us at any time using the information on our website, or you can ask for a free consultation online. Our staff member will respond to you as soon as possible.[9]
LA Injury Group Lawyers are available throughout the day and the year and would aim to ensure that you get the best possible outcome in your personal injury claim. It is therefore extremely crucial that you reach out to us as soon as you are involved in an accident so that we can help you through the process of getting the compensation that you deserve.
[1] National Accident Law, How Long does a Personal Injury Claim Take to Settle, available at https://www.national-accident-law.co.uk/making-a-claim/how-long-does-personal-injury-claim-take, accessed on 22nd March, 2024.
[2] The California Code of Civil Procedure, Section 335.
[3] Ibid.
[4] Supra, note 1, as above.
[5] Ibid.
[6] Ibid.
[7] Supra note, as above.
[8] Ibid.
[9] Ibid.