How Long Does a Personal Injury Lawsuit Take?

Individuals who are in motor vehicle accidents, premises accidents, and other occurrences that result from negligence may suffer severe and debilitating injuries.

Occasionally, accident victims settle these claims with the at-fault party’s insurance company. However, at other times, they must file a lawsuit and litigate their case to a resolution in the court system.

You may need to sue if the insurance company denies liability for an accident or refuses to compensate you fairly.

The time it may take to resolve a personal injury claim through litigation varies from case to case. It depends on the time it takes for the accident victim to complete their medical treatment, the specific injuries that the accident victim suffered, and the willingness of the insurance company to resolve the claim in a way that’s fair to the accident victim.

If you recently sustained injuries in an accident that resulted from another person or entity’s negligence, you are not alone. However, you need a skilled personal injury attorney who can handle settlement negotiations and litigation, and bring your case to a speedy and efficient resolution.

Your attorney will be your advocate during settlement negotiations with insurance company adjusters and can also represent you during all litigation proceedings in your case.

Finally, your lawyer can answer all of your legal questions, enabling you to make informed decisions about settlement or litigation in your case.

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Personal Injuries that Often Result from Others’ Negligence

When other individuals and entities behave negligently, serious accidents and injuries may result. In forceful collisions and falls, an accident victim may experience ongoing pain and symptoms for the rest of their life.

In addition, an accident victim who suffers a permanent injury might need to undergo ongoing medical treatment, including physical therapy and pain management treatment, for a long time after the accident.

The specific injuries an individual suffers will depend on the type of accident, the amount of force involved, and other accident-specific factors.

Some of the most common injuries that accident victims may suffer include:

• Mouth and teeth injuries
• Open lacerations
• Bruises
• Eye injuries
• Soft tissue whiplash injuries
• Internal bleeding
• Internal organ damage
• Complete and incomplete paralysis injuries
• Full and partial spinal cord injuries (including vertebrae fractures)
• Traumatic head and brain injuries
• Permanent cognitive impairments
• Permanent scarring
• Death

If you or a person you love suffered one or more of these injuries in an accident, you need to get the medical help that you need as quickly as possible.

In addition to consulting an emergency room doctor or primary care physician, you might need to consult a medical specialist, such as a neurologist or orthopedic doctor, depending on the injuries you suffered in your accident.

Additionally, you may need to attend physical therapy sessions or undergo an invasive medical procedure, like surgery.

While you focus on your medical treatment, your personal injury attorney can start advocating for your legal interests by gathering the documents and other evidence necessary to satisfy the legal burden of proof in your case.

Once your medical treatment concludes, your attorney can begin settlement negotiations or litigation in court on your behalf and work to streamline your case result.

Successfully Proving a Personal Injury Claim or Lawsuit

To recover monetary compensation in a personal injury claim or lawsuit, an accident victim needs to establish the legal burden of proof in their case.

First, the accident victim must demonstrate that the at-fault party owed them a legal duty of reasonable care.

For example, in a premises accident, property owners frequently owe property visitors a duty to keep their premises in a reasonably safe condition and warn about or correct hazardous conditions, such as spills, on their property within a reasonable time.

Next, the accident victim has to establish that the at-fault individual or entity violated their legal duty of care. In a motor vehicle accident case, for example, a driver deviates from the standard of care if they violate one or more traffic regulations.

Similarly, a property owner may deviate from their legal duty of care if they fail to clean up a spill within a reasonable amount of time, despite being aware of the spill.

Additionally, the accident victim has to show that as a result of the at-fault party’s negligence, the accident and the resulting injuries occurred.

Finally, the accident victim must establish that as a result of the negligence, they suffered compensable damages, such as lost earnings or medical expenses.

To establish the legal burden of proof in your personal injury claim or lawsuit, your attorney can retain an accident reconstructionist, medical expert, or another expert witness who can draft a favorable report or testify on your behalf.

For example, an expert accident reconstructionist may review police reports and incident reports, review camera footage, and talk to witnesses. They may then synthesize all available information and draft a report about how the accident likely occurred and who was at fault.

Similarly, a medical expert, such as a treating healthcare provider, can causally relate your injuries to the accident or establish that you suffered a permanent injury in your accident.

Recovering Monetary Damages for Your Injuries

Injured accident victims who can establish the various legal elements of their claim should recover monetary compensation for their injuries and other losses.

The total damage award an accident victim receives will depend on the cost of the accident victim’s related medical treatment and the income the accident victim lost when they could not work after their accident.

First, injured accident victims may recover monetary compensation for their tangible losses, including lost earnings, loss of earning capacity, and medical expenses.

Additionally, they may bring a claim for their intangible losses, including their lost quality of life, loss of the ability to use or move a body part (such as from a spinal cord or paralysis), loss of spousal consortium, mental distress, pain and suffering, inconvenience, and permanent disability or disfigurement.

Your attorney can ballpark the value of your personal injury case based on the case circumstances and your injuries. They can then take the necessary actions on your behalf to pursue and recover the favorable compensation you deserve.

Negotiating With the Insurance Company for Favorable Settlement Compensation

After filing a claim, your attorney can handle all oral and written communications with insurance company adjusters, including all settlement negotiations. Insurance companies make negotiating on your own extremely difficult.

Even when you hire an attorney, the insurance company will do everything possible to undervalue your claim and pay as little compensation as possible. Therefore, your attorney will likely need to engage in several rounds of negotiations with the insurance company adjuster handling your claim.

Your attorney can highlight your medical records, favorable expert reports, and other potential evidence in your case – and downplay any weaknesses. Furthermore, if the insurance company still does not compensate you fairly, your lawyer may file a lawsuit on your behalf.

Litigating a Personal Injury Case

The time it takes to litigate a personal injury claim is very case-specific.

First, before filing a lawsuit in the court system, settlement negotiations will likely have gone back and forth between the accident victim’s attorney and the insurance company adjuster.

These negotiations will take time, depending on the insurance company’s willingness to settle. In cases where it does not appear that the insurance company adjuster is in a hurry, the accident victim’s lawyer may need to file a lawsuit sooner rather than later.

After filing a lawsuit, the parties will engage in a process known as discovery. Discovery allows the parties to learn more about the other side’s version of the case and level the playing field.

During this time, the defense attorney will send written Interrogatories to the accident victim’s attorney and may note the accident victim’s deposition.

The parties may also take several months to complete the discovery process. However, by that time, the court will most likely have entered a scheduling order that establishes a deadline by which the parties must complete all discovery and conclude any litigation proceedings (including a civil jury trial).

During the discovery process, settlement negotiations may continue. In fact, after a deposition, the insurance company adjuster may raise their settlement offer to conclude the case.

Next, the parties may agree to engage in alternative dispute resolution (ADR), such as mediation. This process will occur before any trial and allows the parties to resolve their case out of court.

During mediation, a neutral mediator, usually a practicing attorney or retired judge, will narrow the parties’ settlement discussions and help them pursue a workable settlement.

The parties may proceed to a civil jury trial if the case does not resolve at mediation or settlement conferences.

At trial, the parties will present evidence to the jury, and the jury will decide the outcome of all issues that are in dispute – including what, if any, monetary compensation to award the accident victim.

Contact an Experienced Personal Injury Attorney in Your Area Today

You have legal rights and options if you suffered injuries in an accident resulting from another person or entity’s negligence. Since accident victims have only two years from their accident to file a personal injury lawsuit, you need to take prompt action as soon as possible.

Keith Fuicelli, Personal Injury Lawyer

Your attorney can promptly file a lawsuit within the statutory timeframe and work to pursue the maximum amount of monetary compensation you need and deserve. Best of all, your lawyer can do all this for you while you focus on the most important thing: recovering from your injuries.

Reputable car accident lawyers offer free consultations to assess the merits of your case. During this meeting, you can discuss the details of the accident, potential legal options, and fee structures.

This initial consultation lets you make an informed decision about pursuing a legal claim without incurring upfront costs. Never wait to make the call and begin protecting your future.