Have you been injured because of another party’s negligence or intentional acts? If so, you may receive compensation for your injuries.
Generally, the at-fault party’s insurance company settles claims with injured parties. So, the first step is to file an insurance claim. However, you may need to file a personal injury lawsuit if negotiations fail.
The time it takes for your personal injury case to settle depends on the circumstances and facts. Understandably, you need to receive a settlement as soon as possible to pay expenses and bills. A settlement can also help you get your life back on track. Understanding the factors that could impact the timeline to settle a personal injury case gives you an idea of what to expect.
Factors That Could Impact How Long It Takes to Settle Your Personal Injury Case
The factors involved in every case are unique. Therefore, your case may involve factors that impact the timeline for a personal injury case. However, common factors in most personal injury cases include:
The Type of Personal Injury Case
The type of case can impact how long it takes to settle. Some injury claims involve complex issues and laws, which can take longer to settle.
For example, Florida law requires a medical expert to review your case and provide an affidavit confirming you may have a medical malpractice claim. In addition, you must notify each defendant that you intend to file a lawsuit. The defendants have 90 days to investigate the claim before you can file a lawsuit.
In a trucking accident case, state and federal trucking regulations may be involved, which can complicate the case. Federal agencies may investigate the crash, which adds to the timeline. Furthermore, trucking accidents often involve multiple parties.
Other cases involving complicated law areas include product liability claims, wrongful death cases, and maritime accidents.
The Duration of Your Recovery
The severity of your injuries can significantly impact how long it takes to settle an injury claim. Until you have reached maximum medical improvement, it does not make sense to settle your case. That is the point at which your doctor states you recovered fully, or further treatment and time are not expected to improve your condition.
It is impossible to know the extent and value of your damages until you complete your medical treatment. If you sustain a disability or impairment, your damages may be worth more. You may also be entitled to future damages, such as diminished earning capacity, ongoing medical bills, loss of quality of life, and future lost wages.
If you settle a personal injury case before you reach maximum medical improvement, you may not receive the settlement you deserve. Signing a settlement agreement ends your claim because you waive your right to file a lawsuit. You cannot demand more money even if you discover additional injuries and damages.
Gathering Evidence Proving Your Claim
The injured party has the burden of proof in a personal injury claim. You must have evidence proving all required legal elements to establish fault and liability.
Most personal injury cases are based on negligence. The legal elements of a negligence claim are:
- Duty of care
- Breach of duty
- Causation
- Damages
It could take months to complete a comprehensive investigation to identify all liable parties and gather evidence to prove your claim. Complex personal injury cases, such as defective products and medical malpractice cases, could take more than a year to investigate.
Depending on the factors in your case, an attorney may retain one or more experts to assist with your case. They may hire medical specialists, financial professionals, accident reconstructionists, and other experts. If experts are required, it can also add to the time it takes to settle a case.
Negotiating a Settlement
Once you reach maximum medical improvement and the investigation is complete, your attorney will prepare a settlement demand letter to send to the insurance company. A settlement demand letter is a detailed document that includes:
- A summary of the facts of the case
- A legal argument and discussion of the relevant law that creates liability for damages
- A description of your injuries
- An explanation of your economic and non-economic damages
- A demand for settlement
The insurance company may accept your case and pay the amount you demand. However, it is more likely that they will reject the offer. If so, they may make a counteroffer for settlement.
It is common for settlement negotiations to take several weeks or months. If the parties cannot agree on a settlement amount, they may agree to hire a mediator to help facilitate settlement negotiations.
If settlement negotiations fail, your attorney will discuss filing a personal injury lawsuit.
Filing a Personal Injury Lawsuit
A personal injury lawsuit is filed against the party who caused your injury. They are the defendant, and you are the plaintiff. The defendant’s insurance company usually hires an attorney to defend the lawsuit, so you still have to deal with the insurance company.
There are many phases in a personal injury lawsuit, including:
- Filing of initial summons and complaint
- Waiting for a response from the defendant
- Discovery (i.e., gathering information from the other party)
- Continued investigation and evidence-gathering
- Potential mediation, arbitration, and settlement negotiations
- Pre-trial motions and hearings
- Trial and verdict
Either party may appeal the verdict. Therefore, you may win the lawsuit, but the case could move to a higher court. Even if you win your lawsuit, there is no guarantee that the defendant will pay the judgment. You may need to pursue other legal methods to collect the judgment.
The other possibility is that you could lose in court. Juries are unpredictable, so you must always consider the risks involved in taking a case to trial.
An experienced trial lawyer understands the risks of going to court. They can also analyze your case to determine its strengths and weaknesses. They will carefully weigh all factors before advising you whether going to trial or accepting a settlement is in your best interest.
Get Help With a Personal Injury Settlement in Florida
Contact Brannon & Brannon Car Accident & Personal Injury Lawyers for a free consultation with an attorney. Our legal team has extensive experience handling personal injury claims. Let us help you recover a fair settlement for your personal injury case. Call us today at (850) 863-5297.
