Accidents resulting in injuries are a part of life, with some victims resorting to filing personal injury lawsuits. There are no guarantees that your case will get to trial or that you will get requisite compensation even if your injuries resulted from another party’s negligence.
About 95 % of civil cases get settled at different stages of the judicial process, with personal injury cases having a success rate of about 50%. The time it takes for a personal injury case to go to trial or conclude is dependent on the experience of your personal injury lawyer and the complexity of the case, among other factors.
Personal injury law provides compensation for damages in some way or another. The compensation may come in monetary or non-financial compensation, including medical bills and lost wages.
Read on to find out how long it takes to conclude or get a personal injury case to trial and tips on how to get the best outcomes and justice you deserve.
Get Legal Assistance
Hiring a personal injury lawyer to assist with your claim is worthwhile. They come in handy, especially to people unfamiliar with the entire legal process.
You might find it overwhelming to submit a claim if you’re doing this for the first time. This is because you will have to complete tons of documentation that contains legal jargon that can be challenging to comprehend.
Sometimes, engaging your insurance provider can be intimidating and challenging. Legal assistance helps ease this burden from you, as they will do it on your behalf.
Generally, working with an attorney benefits you as they understand all the legal jargon used in the court corridors. Therefore, it will be easier for them to negotiate for a better claim with your insurance provider.
Working with an attorney gives you peace of mind as you’ll be confident they’re working for your best interest.
The Length of a Personal Injury Lawsuit
A personal injury case can take years to conclude successfully. The time it takes to get your injury lawsuit to trial or a positive outcome depends on several factors.
Your Attorney’s Experience and Expertise
A good personal injury attorney will have an excellent reputation for handling cases effectively, quickly, and efficiently. This is because they bring years of experience and expertise to the table.
So ensure you pick one that focuses on personal injury law. Meaning they only focus on such cases, and they won’t dilute their knowledge and expertise by handling any case that comes their way. Focusing on particular cases allows them to manage your case with great care and attention.
Besides, a personal injury lawyer has all the necessary tools that can help you to support your claim. For instance, together with their team, they may be able to visit you in the hospital or at home and speak with witnesses to obtain all the vital information. All this information gathered is vital as it helps to strengthen your case.
Moreover, since you’re working with an expert, they can recommend medical professionals that can work with you. Because of their experience and expertise, they’ll be able to obtain the greatest settlement possible for your case.
In fact, with their track record, they can offer references to situations like yours and their settlement package to give you an idea of what’s reasonable and fair.
The Complexity of the Case
The time it takes to go to trial depends on the type of case, whether the case settles before trial and how complicated it is.
Simple cases like rear-end collisions take shorter periods to resolve. In cases like these, it is easy to get details and documentation about the incident is easy. There will also be a few disputable facts and information.
However, complex cases take longer because of disputes about the facts and details of the case. A complex case is a proceeding that necessitates special judicial management. The cases usually require research, reports, hearings, and expert discoveries. These issues further complicate the matter, making it take longer.
There are several stages involved in filing a suit. The steps include:
- Filing the complaint with the court,
- Serving discovery requests on defendants,
- Negotiating a settlement with your insurance company,
- Conducting discovery in preparation for trial.
Having an experienced attorney by your side can help hasten the process. They have the experience and skills to navigate the judicial system, negotiate with insurance firms, and plead on your behalf.
The State’s Personal Injury Law
Different states have different statutes and processes for resolving personal injury claims. You need to know the deadline for filing your personal injury claim since they have strict guidelines.
New Jersey allows an injured person to go to court and file a lawsuit for a maximum of two years. And usually, the clock starts counting on the day the accident occurred. So working with a family law attorney may help you navigate the personal injury law in your jurisdiction.
Also, the backlog within the state’s judicial system may impact the outcome. Your case may take longer in big cities with more caseloads.
Severity of Injuries
The severity of your injuries is crucial in determining how long your case will take to trial. If you have suffered a severe injury, like a brain or spinal cord injury, your lawsuit will take longer than if you just injured your shoulder in an accident.
This is because more factors affect the resolution of your injury claim. In this case, it will be difficult for the judge to award you compensation for lost wages if there is no guarantee that you will be able to return to work.
Compensation Amount Involved
The injured party may be entitled to receive compensation for medical bills and other expenses, lost wages, pain, suffering, and other damages. The amount will depend on the injuries, pain, and loss you suffered.
The amount of money involved in your case also affects how long it takes for your case to go to trial. The higher the compensation amount in your case, the longer it will take until you settle with your insurance company or other parties responsible for your injuries.
Insurance companies will take longer when a large amount is involved. They will use all sorts of delay tactics to reduce the amount hence delaying the case.
Insurance companies are notorious for dragging out claims to minimize their liability and maximize profits using legal tactics like filing motions and appealing court decisions.
The duration of resolving a personal injury lawsuit depends on the case’s complexity, the severity of your injuries, your attorney’s experience, the compensation involved, and the legal system.
For better outcomes, you need to have an experienced attorney to walk with you through this difficult time. They will explain your options, help you make decisions, and protect your interests.
Vivek is a published author of Meidilight and a cofounder of Zestful Outreach Agency. He is passionate about helping webmaster to rank their keywords through good-quality website backlinks. In his spare time, he loves to swim and cycle. You can find him on Twitter and Linkedin.