Determining how long a Personal Injury Lawsuit will take and what settlement you will receive is difficult because every case is different and involves many different factors.
A case that is settled before trial will take a considerable less amount of time than one that goes to trial.
The typical personal injury case can take anywhere from a few months to years to resolve.
The main factors that determine how long a personal injury case will take are:
- The circumstances of the case - Who was at fault in the accident, how much fault rests with each party, and what were the damages that resulted from the accident.
- How much money is involved – Insurance companies will not pay out large sums of money unless they have determined that they do not have a good defense, the injuries and damages resulting from the accident are legitimate, and they have no way of attacking the credibility of the victim.
- The state of the victim’s recovery – If possible, the victim of a personal injury case should wait until they have finished medical treatment and fully recovered from their injuries. This allows your attorney to show the extent of damages you suffered and get the right amount of compensation.
Often times, a Personal Injury Lawsuit will take anywhere from a few months to a few years to resolve.
That is one of the reasons why many victims will decide to accept an undersized settlement offer from the insurance company.
However, accepting an inadequate offer forfeits the right of the victim to recover any of their other damages and leaves them financially strained.
Rejecting the insurance companies initial offer is usually the best option for the victims of personal injury accidents.
What happens after I reject the Insurance Companies Low Ball Offer?
When the victim rejects the insurance company’s offer, the case then enters the pre-trial preparation phase.
This Pre-trial Preparation phase can be a long process that can also take several months to years to resolve. Usually, if a settlement occurs in a personal injury case it is during this phase.
In order to reach a settlement during this phase, your lawyer as well as the insurance companies will perform what is called “Discovery”. During Discovery, the two parties will obtain evidence from one another to try and build their case and determine its value.
Once Discovery has concluded, the opposing parties will try and reach an agreement to prevent the case from having to go to trial. If one cannot be achieved then the case goes to court and is heard by a judge and jury.
If your personal injury case goes to trial, it will usually take years to resolve.
However, if you have an experienced personal injury attorney than this is the best way to increase the value of your case and receive the amount of compensation you deserve.
In court, your lawyer will establish the facts of the case and present a value to the court that is fair to you.
Determining the Value of Your Case
To determine the value of the case, they will include documents such as medical records, receipts, property damage, and lost wages documents from your employer.
Your lawyer may also ask that you and other witnesses in the case testify in court to help establish the lawsuits credibility.
If you have been in an accident and would like to know what your legal options are and how much your case is worth, then you need the help of an experienced personal injury lawyer.
To receive a free consultation with a Personal injury attorney near you, click on the link below.
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