How Long Does a Personal Injury Lawsuit Take?
By John DiBartolo on November 6, 2023
If you have been injured in an accident as a result of someone else’s misconduct, wrongdoing, or negligence, you may be wondering how long does a personal injury lawsuit take. A personal injury lawsuit can often be a drawn-out process leading to frustration for the victims. While in some cases personal injury cases need extra time, in others the delay is unnecessary. There are several factors that play a key role in how long a personal injury lawsuit takes. An experienced personal injury lawyer can help expedite the process. In this blog post, we will shed some light on how long a personal injury lawsuit takes, and what factors influence the timeline.
Understanding Personal Injury Lawsuits
A personal injury lawsuit is a civil action by an injured person against the party liable for their injuries. The lawsuit allows the victim to recover economic and non-economic damages as a result of the losses suffered in the accident. This includes compensation for medical expenses, pain and suffering, lost income, and loss of earning capacity. It is often necessary to file a personal injury lawsuit directly against the responsible party, in order to gain negotiating power against the insurer for a settlement out of court.
Read more about: How Long After an Accident Can You Sue for Personal Injury?
Factors Influencing the Lawsuit Duration
Complexity of the Case
If your personal injury is complex, you can expect it to take longer. For example, if your case has multiple liable parties it can take longer than a straightforward case with a single liable party. The involved parties might dispute their share in liability for your injuries. Insurance issues or pre-existing medical conditions are also key factors in making a personal injury case more complex.
Amount of Damages Involved
Personal injury cases with severe injuries that require extensive medical treatment typically take longer to resolve. Generally, it takes longer to gather enough evidence to support a claim for severe injuries. With the stakes high, the opposing party is likely to deploy vast resources in defending the charges and reduce their payout.
Cooperation from Both Parties
If there is an agreement between the parties involved in the case, the duration of the personal injury lawsuit can be significantly reduced. For example, the parties can choose to settle the case out of court through mediation or negotiations. However, if the parties cannot agree, and the lawsuit continues to trial, it can add time to the case.
Court’s Schedule and Location
Personal injury lawsuits also get drawn out as a result of the court’s schedule and location. Courts tend to have a packed schedule and you might have to wait to get a date for a hearing. The location of the court can result in logistical challenges. In addition, the availability of the judge can also be a crucial factor in the timeline of a personal injury case.
Average Duration of Personal Injury Lawsuits
There is no standard time for a personal injury lawsuit, as it can be anywhere from a few months to years. The average time for a personal injury claim is between one and two years. However, there are several factors that need to be considered to determine how much time to expect. You can consult with an experienced personal injury attorney to determine a personal injury lawsuit timeline for your case.
Tips for Expediting the Process
While you have to be patient in personal injury cases, there are few things you can do to help expedite the process. Considering settling the case out of court through negotiation or mediation. However, keep in mind that you need to build a strong case before you go into negotiations so you can have some leverage in your discussions. If the opposing party feels you are desperately trying to expedite the process, they can use this to pressure you into accepting an unreasonably low offer. If insurance companies are involved in the case, you need to avoid direct contact and work through your attorney.
Another way to expedite the process is by involving an attorney as early as possible so you can allow them to have a maximum impact on your case. They also prevent you from making mistakes that can delay or undermine your case. The lawyer can also help you through the negotiation process. If both parties agree, the lawyer can also facilitate mediation or alternative dispute resolution methods. Consult with an attorney to check how they can help you.