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Personal Injury / 2.28.2024

How Long Does a Personal Injury Case Usually Take?

What to Know About Personal Injury Case Timelines

If you are injured by another person’s negligence, you may be able to file a personal injury claim. Unfortunately, personal injury claims can take a substantial amount of time to resolve. It is important to know if you are working with an experienced attorney, they will do everything they can to resolve your case as quickly as possible. However, in order to get the compensation you deserve it can take a year or more to close.

At Richard Schwartz & Associates, P.A., our injury lawyers understand how challenging the time between your injury and the resolution of your case can be. We are always straightforward and honest about the timeline and work tirelessly to ensure your matter resolves as quickly as possible for the largest recovery available based on the circumstances of your case. 

To learn more about how we can help after an accident with injuries, contact our office to schedule a free case evaluation. 

Initial Steps

The length of time your personal case takes to complete will depend on a number of factors. To ensure that your case resolves as quickly and efficiently as possible, it is strongly recommended that you work with an attorney. 

Investigation

The first step in a personal injury claim is the investigation. An attorney can help conduct an independent investigation into the cause of your accident or injuries. In cases where liability is clear and not disputed, it may shorten the length of time your case takes to reach a resolution. 

On the other hand, if the other party or their insurance company denies liability or places you partially at fault for your injuries, it may require a longer investigation period. An attorney will work to collect evidence and may even discuss your case with experts to help prove your case.

Evaluating Injuries

Another factor that may lengthen the amount of time your case takes to resolve is the severity of the injuries. In cases where liability is not disputed and the injuries are not severe, the matter may be resolved in 6 to 9 months or less. In cases where the injuries are more complex, it can take a year or more. 

Accepting an early settlement offer may result in you receiving a payout less than what your case is worth. It is important to wait until you know the full extent of your injuries and the required treatment before you accept any settlement offer in your case.

Gathering Evidence

In the initial phase of a personal injury case, you will need to gather evidence to support your claim of liability and the severity of your injuries. Depending on the type of case, it could take several months just to receive the evidence you have requested in support of your case.

Negotiation

Another phase of a personal injury case that can take a substantial amount of time is negotiation. Prior to going to trial, an attorney will attempt to negotiate with the liable party or their insurer to secure a fair and full settlement in your case. If a fair and full settlement cannot be reached, the case might need to be set for trial to obtain the compensation you deserve.

Settlement Versus Litigation

While every personal injury case is different, it is likely that you will be presented with a settlement offer at some point. The vast majority of personal injury cases settle prior to going to trial, but it is important to be prepared for your case to go to court. The attorney you hire should be an experienced litigator who will pursue a trial in order to get the recovery you need.

There are pros and cons to both settlement and litigation. A settlement can usually be reached faster than if your case is fully litigated. However, a settlement offer may not reflect the true value of your case. To understand whether your personal injury claim may need to be litigated, you should consult with an attorney as early in the process as possible.

Factors That Might Delay Your Case

There are several factors that might delay your case. It is important to be prepared for how long it may take to resolve your claim. 

Factors that can delay a personal injury case include:

  • The severity of the injuries
  • Multiple liable parties
  • Disputed liability
  • Contributory negligence
  • Factual issues with the case
  • The liable party or their insurer is unwilling to negotiate
  • Court caseload
  • Availability of evidence

There are many things that may delay your personal injury case. An attorney can help eliminate obstacles that may extend the length of your case.

Tips to Expedite Your Case

One of the most important things you can do to expedite your case is to seek medical attention immediately after the injury. A delay in medical treatment can not only exacerbate your injuries but may affect your claim. 

Secondly, it is important to keep detailed records of any accident-related losses. The more evidence you can provide related to your case, the easier it will be to prove.

Finally, you should work with an attorney. Consulting an attorney early in the process can help to ensure your case resolves in a timely manner for the best possible outcome.

Choose the Right Representation

Choosing the right representation can prove critical to your personal injury claim. It is imperative to work with an attorney well-versed in claims similar to yours and who is local to the area where your case will be heard.

Schwartz & Associates Personal Injury Lawyers

Were you injured in an accident? Contact our office to schedule a free consultation. We have a team of over 20 attorneys located throughout Mississippi to help ensure you get the results you deserve. We have recovered over $1 billion for our clients and will fight for you.

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