When you are involved in an accident and decide to pursue a personal injury claim, understanding the timeline for resolution can be crucial for planning and managing your expectations. The reality is that the length of time required to resolve a personal injury case can vary significantly based on several factors, each influencing the trajectory and outcome of the litigation process. And while it might be tempting to push for the "quickest" result, doing so is rarely in your best interest. Here are five factors that can influence the duration of a personal injury case.
1. Extent of Medical Treatment
One of the primary determinants of how long a personal injury case will take to resolve is the duration and complexity of medical treatment. It is critical not to settle your case before reaching what legal and medical professionals refer to as "maximum medical improvement" (MMI). MMI is reached when a patient has recovered as fully as expected, and their medical condition has stabilized. Settling before this point can result in compensation that does not adequately cover all medical expenses or address long-term disabilities or discomfort that might emerge later.
2. Lawsuit Venue
The location where your case is filed, known as the venue, also significantly impacts the timeline of a personal injury lawsuit. Some counties within the State process cases more quickly than others due to differences in caseload, staffing, and procedural efficiencies. If your case winds up in federal district court, as opposed to state court, that can impact the timeline, too.
3. Insurance Policy Limits
In situations where it's evident that the damages exceed the insurance policy limits, insurance companies may be quicker to settle to avoid prolonged litigation--and it may be in your best interest, too. This can occur in severe accidents where the injuries and associated costs are extensive and clearly surpass the maximum amount the insurance policy will pay. In such cases, there is no need to wait until treatment concludes, as it will not impact the maximum recoverable amount. In fact, to the contrary, waiting to settle in these cases can increase the amount of the liens that health insurance companies are entitled to assert on your recovery.
4. Willingness to Negotiate and Settlement Dynamics
The negotiation process itself plays a critical role in the timeline of a personal injury case. The more willing both parties are to negotiate and compromise, the quicker a settlement can be reached. Conversely, if either party is uncooperative or there is significant dispute over liability or damages, the process can be extended, potentially leading to trial.
5. Going to Trial
Opting for a trial is a significant decision that can extend the timeline of a personal injury case well beyond the initial phases of negotiation and mediation. Preparing for trial is a meticulous process involving the collection of evidence, witness depositions, and expert testimonies, all of which require substantial time. Trials themselves can last from a few days to several weeks, followed by additional time for potential appeals. As such, it is not uncommon for a personal injury lawsuit that goes to trial to extend up to two years or more.
Conclusion
While it may be tempting to settle a personal injury case quickly to gain immediate access to funds for medical bills and recovery, patience is almost always rewarded. A hasty settlement can prevent you from receiving the full compensation needed to cover all health implications and disruptions caused by the accident. It's important to work closely with a knowledgeable personal injury attorney, such as those at Phillips & Associates, who can guide you through the process and advocate for your best interests.
CONTACT PHILLIPS & ASSOCIATES TODAY
If you or a loved one has been injured in an auto accident, contact Phillips & Associates at (818) 348-9515 for a free consultation today. You will immediately be put in touch with John Phillips or Patrick DiFilippo, who can help determine whether you have a case and advise you on the best course of action moving forward.