There’s no simple answer to the question, “How long do personal injury cases take to settle?” Given the wide range of types of personal injury cases and the varying circumstances surrounding each case, it would be impossible to establish a standard timeframe across the board.
However, having a clear understanding of the steps involved in a personal injury case is a good place to start. Of course, if you’re considering pursuing a personal injury case, your first step should always be consulting a personal injury attorney with extensive experience. For instance, the team at Warren Allen LLC specializes in all types of personal injury cases in Oregon and Washington and can assess the strength of your case to give you a better idea of how long your case might take to settle.
The article below goes through the various stages to expect in a personal injury case, provides a loose estimate of the time each step might take, and explains factors that can affect the time needed to settle a personal injury case.
Initial Consultation with a Personal Injury Lawyer
Before pursuing a personal injury case, finding a reputable personal injury lawyer local to your area is crucial. Choosing a local attorney means they will be familiar with the laws and similar cases in your jurisdiction and have established relationships with experts (i.e., medical or economic experts) in the area that can help evaluate your evidence and potentially strengthen your case.
At your initial meeting, you will discuss the details of your case and go over any evidence you have gathered, such as pictures, medical records, repair estimates, or eyewitness accounts. Based on this consultation, the personal injury lawyer will determine if you have a viable claim and advise you on your next steps.
Depending on the complexity of your case, the amount of evidence you have, and scheduling considerations with the law firm, the initial consultation and subsequent case evaluation could take a couple of weeks.
Investigation and Gathering Evidence
Once you hire an attorney and decide to move forward with your case, your attorney will work to collect evidence to support your personal injury claim further. In addition to requesting police reports, medical records, witness statements, and any other relevant documents, your attorney might also consult with outside experts like accident reconstructionists or mental health, economic, or rehabilitation experts, for example, to help establish the extent and severity of your injury or other damages for which you might be eligible to receive compensation. Generally speaking, this process could take a few months.
Negotiations with Insurance Companies
After completing the investigation and compiling relevant evidence, your lawyer will most likely send a demand letter to the responsible party’s insurance company outlining your case and the financial compensation you seek. The demand letter signals the beginning of negotiations.
The other party’s insurance company might make you a settlement offer. It’s important to remember that the initial settlement offer will most likely be for less money than your claim is worth. Always go over the offer with your attorney.
Your personal injury lawyer might then make a counteroffer. Negotiations might continue through multiple rounds before both sides reach a fair and reasonable amount. Numerous factors can affect how long the negotiation process takes but it can last several months.
Filing a Personal Injury Claim in Court
You might file a lawsuit if you cannot reach a fair settlement with the insurance company. Your attorney will prepare the necessary documents to file your personal injury claim in court, such as drafting your complaint and formally notifying the defendant of the lawsuit.
Discovery Phase
Both parties will enter the discovery phase to gather evidence and information to support their position. Legally, both sides are required to exchange information through depositions, interrogatories, and requested documents. During the discovery phase, your attorney might conduct additional fact-finding and interviews with expert witnesses.
Pre-Trial Phase
In some cases, your attorney or the defense attorney might file pre-trial motions or request pre-trial hearings to help narrow the scope of the trial or address any legal or procedural issues, such as what evidence will be allowed in court.
Settlement discussions could still be ongoing before the trial if you and the responsible party want to resolve the case before it goes to trial. Depending on the court’s schedule and other factors, this pre-trial phase can last a few months.
Trial Phase
If the case eventually goes to trial, both sides can present evidence and make their arguments to a judge and possibly a jury. After hearing all the arguments and considering all the evidence, the judge or jury will hand down a verdict on the defendant’s liability and award damages to you, if appropriate. Most personal injury trials are completed in a few weeks.
Post-trial Phase
Either party can file an appeal if they are dissatisfied with the verdict. Naturally, the appeals process will prolong the process and extend the timeline. Once the appeals process has been exhausted, the court will finalize the judgment, and your attorney will help you collect the compensation due to you.
What Factors Affect the Timeline of Personal Injury Cases?
So, when it comes to how long personal injury cases take to settle, every case is different. From start to finish, the entire process can take anywhere from a few months if you can settle quickly to several years if your case goes to trial.
Negotiations with insurance and legal proceedings can vary in length. Other contributing factors can also affect the timeline of your personal injury case, including how complex your case is, the extent of the damages, and the jurisdiction in which the incident occurred.
The best thing you can do for your case is to consult with an attorney specializing in personal injury law to discuss your specific situation, like those at Warren Allen, LLC in Portland, OR. They will be in the best position to help you navigate the process and get the best resolution possible. Call a lawyer today to discuss your case and determine how long your personal injury case might take to settle.