X

Looking for the perfect gift for your loved ones? Head over to our holiday gift guide and let's make this festive season unforgettable!

CLICK HERE
  • Skip to main content
  • Skip to header right navigation
  • Skip to site footer
  • Pinterest
  • Twitter
  • Facebook
  • Instagram
Home Jobs by MOM

Home Jobs by MOM

Insights. Ideas. Improvements.

  • Lifestyle Insights
  • Business Ideas
    • Online Tools for Bloggers
  • Improving Family Life
  • Contact

How Long Should A Personal Injury Claim Take to Settle?

Home » How Long Should A Personal Injury Claim Take to Settle?

THIS WEBSITE USES AFFILIATE LINKS WHICH MEANS WE RECEIVE COMPENSATION IF YOU PURCHASE A PRODUCT THROUGH THEM. VISIT OUR DISCLOSURE PAGE FOR MORE INFORMATION.

March 10, 2021 by Home Jobs By Mom
Pin
Tweet
Share204
204 Shares

How Long Should A Personal Injury Claim Take to Settle_

Personal injury lawsuits are lengthy. They take time. There are various legal steps involved. From filing the case and gathering evidence to litigating your case—a personal injury case can take time. Understanding these steps is important. For instance, it will help you organize your schedule and avoid anxiety.

The following guide is going to help you understand the timelines involved in a personal injury lawsuit. It will also help you understand the amount of time it takes to get your settlement.

What’s your main aim? Is it to settle the case quickly or to obtain maximum compensation for your injuries? Accidents can be detrimental. They can negatively impact your health and the quality of your life. That’s why you need to be vigilant when filing your claim.

There's settling your personal injury case quickly, then there's getting 'shorted' on fair compensation. Understanding these timelines can help you get what you deserve!Click To Tweet

It’s Important to Take Your Time

Don’t be quick to accept the insurer’s initial offer. You could end up losing a lot of money.

Remember, insurance companies are in business. Their primary goal is to make more profits. So, they’ll always do everything they can to convince you to settle for less money.

Take your time. Consult widely. In particular, talk with your lawyer first. Don’t be in a hurry to get compensation. You will get a raw deal if you are not patient.

Why Do Personal Injury Cases Drag Out?

Several things can make your case drag out. And these typically include:

A Complex Case

Personal injury claims are usually driven by aspects such as liability and the extent of damages.

Suppose it’s hard to determine who was at fault. In that case, the insurance adjuster might not be able to make a realistic settlement offer until your attorney has demonstrated a willingness to take the case to court.

If there are such legal issues in your case, the insurance company might not make a reasonable offer until a judge has ruled the case in your favor.

Proof of Liability

The treating physician, for instance, might be unsure that the defending party’s negligence caused your injuries. Remember, the insurance adjuster isn’t going to make a significant settlement offer unless it’s convinced that your attorney can produce expert medical witnesses to testify that the other party’s negligence caused your injuries.

So, be sure to contact relevant witnesses. You may also want to consider hiring expert medical witnesses to testify in your favor. This will go a long way in strengthening your claim and improving your odds of winning the case.

The Extent of Your Damages

Another thing that can significantly delay settlement is the extent of your damages. If your case involves large sums of money, it might take longer to conclude. Insurers won’t merely pay out big money until they’ve performed their due diligence.

They’ll want to investigate every aspect of your case, including the extent of your injuries and whether or not you have a good defense for the claim. They’ll also want to make sure that they can’t attack your credibility before making a settlement offer.

At times, insurance companies hesitate to settle on big cases to see if you’ll give up and agree to take up their offer. They know that most claimants aren’t patient enough to have their issues resolved in court. Yes, they’re very aware of this and try to drag it out.

Maximum Medical Improvement

If you’re still undergoing medical treatment, your settlement might take longer. But it’s better to wait long and obtain maximum compensation for your damages. Don’t try to settle your case until you have fully recovered from your injuries.

Maximum medical improvement, or MMI, typically means that you have completely recovered. And it’s usually the best point at which you should consider settling your claim. But if you’re still receiving treatment, your lawyer may find it hard to determine the extent of your injuries and valuing your case.

Steps In A Personal Injury Claim

The Plaintiff Is Injured

For you to file a personal injury claim, you should have suffered some form of injury due to another person’s negligence. But regardless of the extent of your damages, your case won’t make it fail-proof.

If your damages are worth more than the court’s limit of about five thousand to ten thousand dollars, you may need to hire an attorney. After the initial consultation, they will tell you whether or not you have a valid case.

The lawyer will conduct exploratory investigations to determine if the defendant has applicable coverage or valuable assets to cover any judgment. If the investigation leads the lawyer to conclude that your case is viable, an agreement will be signed, and your working relationship with him/her will be officially established.

A Complaint Is Filed

Once your attorney establishes a legitimate case, he or she will file a complaint in an appropriate civil court. Being an official document, the complaint will lay out in detail what you’re alleging.

The attorney will then be given 30 days or more to find the defendant and serve them with the complaint.

This means that the attorney will physically deliver the complaint to the at-fault party in a verifiable way, ensuring that he or she can’t later claim not to beware of the lawsuit.

The service papers will also notify the defendant about the date they’ll be required to appear in court.

The Defendant Appears In Court

Once you have filed your complaint, the defendant will be given a month or so to find a lawyer before the first court date. If insurance applies, then the defendant should notify his or her insurer as soon as possible.

The insurance firm will then appoint an attorney for them if they haven’t already chosen one. Most defense and18 wheeler accident attorneys charge an hourly rate, not contingency fees.

Thus, if the defendant doesn’t have enough cash to pay out-of-pocket, then a “losing” personal injury claim that’s headed for early settlement won’t be a major issue to the lawyer, who’s being paid either way.

Pre-Trial or the Discovery Process

During this process, both parties will share their evidence and witness information. They’ll also appear in court to notify the judge of their case proceedings and discuss mediation or arbitration.

Depending on the case's complexity, they may also want to consider setting a trial date. As time progresses, both sides will start to schedule depositions (question-and-answer sessions).

The discovery process can take several months, frequently pushing the trial date back. As the case approaches trial, both of you will significantly ramp up your efforts as you engage in settlement conferences.

The Trial Phase

Once the trial starts, it can last several days. At this point, the judge will determine who’s at fault for the accident. Plus, the jury will try to determine how much you deserve to receive in terms of compensation.

After trial, either side can initiate an appeal process which can last for several months or years. Although court proceedings are generally hectic and time-consuming, they usually end up well.

Remember, taking your case to trial is the only way through which you can get the compensation you truly deserve. So, be patient. Don’t be in a rush to get your case settled out of court. This won’t benefit you. It will deny you your right to reasonable compensation.

The insurance adjuster will do everything he or she can to convince you to accept their initial offer but be careful not to fall for their cheap tricks. Instead, push your attorney to take the case to court.

How To Choose the Best Personal Injury Attorney

Are you looking for a personal injury attorney in Missouri? Most people handle their own cases, but you might need to work with a professional personal injury attorney if yours is a complex one. Such professionals possess the required experience and expertise to help you get the compensation you truly deserve.

Personal injury cases typically cover an extensive range of situations. You might have been injured in a road accident, bitten by your neighbor’s dog, or slipping and falling on somebody’s property.

Don’t make quick decisions. Carefully analyze the case and determine what you’re capable of. If you decide to handle a claim by yourself and end up mishandling it, it can be complicated for an attorney to step in. So if you aren’t sure about your abilities, consider contacting a professional attorney immediately.

Commitment To Your Case

People who have adequate insurance coverage don’t usually prefer working with personal injury attorneys. But this can significantly reduce their chances of getting maximum compensation for their damages.

So, be sure to find an attorney who’s committed to helping you recover maximum compensation for your injuries. He or she must be ready to fight hard and get your case to trial. This way, you’ll be able to get more money.

You may think that your insurer is always there to look out for you. But the truth is that the insurance company’s interests might be directly at odds with your expectations. You have to fight hard and ensure that you get a reasonable damage award.

Remember, insurance firms have the primary goal of giving out as little as possible. They’re in business and will do everything they can to retain more profits. So, be wary.

Contingency Fee Agreements

Most personal injury attorneys charge contingency fees for their legal services. This means you won’t have to pay them anything unless they bring you a reasonable amount of compensation.

Contingency fee agreements typically work by allowing your attorney to collect compensation from the damage award or your settlement. The deal is usually structured based on a given percentage of your compensation amount.

For instance, the agreement might stipulate that the attorney receives thirty percent if the case is settled out of court or forty percent if it goes to trial and you receive compensation for your damages.

Experience and Academic Qualifications

The lawyer you select can also play a vital role in the amount of time your case takes. A lawyer with extensive experience in your specific area of interest will deliver more results than one who is over-committed. So, look for the best lawyer.

Ask the lawyer about his/her commitments. Select a lawyer who is willing to handle your case in person. Avoid lawyers who will delegate your case to their juniors.

Even more, look at the experience of that lawyer. Does the attorney deal with personal injury cases? What is his or her success rate? How many cases has that lawyer solved in the past? And were they successfully concluded?

Key Takeaway

Personal injury cases take time. They can take from months to years to materialize. Thus, it’s important to be patient. Understand all the steps involved in a personal injury case.

Get the process right. Select the right personal injury lawyer. Doing this will go a long way in ensuring that your case is well presented. Plus, it’ll significantly improve your chances of winning the case and securing maximum compensation for your injuries.

How will you feel if you realize that your case could be worth a lot more if you had been a little patient? Terrible, right? But how do you calculate the amount of compensation you should receive? Well, working with an experienced lawyer can go a long way in helping you obtain adequate compensation for your injuries.

If your case makes it to trial, you’ll get more money than the insurance adjuster offered. Quick settlements can be very costly. So, be sure to contact a personal injury attorney before accepting the insurance company’s settlement offer.

Have you ever been part of a personal injury lawsuit?

Related Posts:

  • 5-quick-steps-for-a-safer-and-healthier-work-environment-pin
    5 Quick Steps for a Safer and Healthier Work Environment
  • Ways a Personal Injury Lawsuit Can Impact a Family
    4 Ways a Personal Injury Lawsuit Can Impact a Family
  • Workplace Injuries Happen In All Kinds of Jobs
    Workplace Injuries Happen In All Kinds of Jobs
  • how-to-uncover-car-injury-law-firms-who-can-get-you-the-best-result-pin
    How to Uncover Car Injury Law Firms Who Can Get You…
  • damages-in-personal-injury-lawsuits-evaluating-compensation-for-injuries-pin
    Damages in Personal Injury Lawsuits: Evaluating…
  • car crash tips, car accident tips
    How to Deal with Personal Injury While In Quarantine
  • Divorce and Owning a Business Together
    Divorce and Owning a Business Together
  • get back up, injury, injury recovery, injury recovery quotes, injury recovery motivation, injury recovery articles, injury recovery tips
    How To Get Back Up When Injury Knocks You Down
Pin
Tweet
Share204
204 Shares
Category: Lifestyle, Health & FitnessTag: case, personal injury

About Home Jobs By Mom

Krystle Cook – the creator of Home Jobs by MOM – put her psychology degree on a shelf and dived into a pile of diapers and dishes instead. She is a wife and mother to two rambunctious boys, sweating it out in her Texas hometown. She loves cooking, DIY home projects, and family fun activities.

Previous Post:How To Plan The Perfect Family Day At The ParkHow To Plan The Perfect Family Day At The Park #SandyBumz
Next Post:What You Need To Know To Keep Your Roof Free From Ice DamsWhat You Need To Know To Keep Your Roof Free From Ice Dams

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recipe Rating




This site uses Akismet to reduce spam. Learn how your comment data is processed.

Sidebar

Welcome!

Get a look into a mom’s inkling into this crazy thing called life.

Read More

Recent Posts

  • Absolutely Essential Strategies to Blaze Ahead with SEO Outsourcing
  • Are You Ready: The 10 Most Painstaking Remote Working Struggles
  • Mightylicious Complete Flavor Pack Cookie Giveaway (Ends 1/15)
  • PepperMate Prize Pack Giveaway (Ends 1/10) @PinkNinjaBlogg
  • @MontgomeryInn_ Ribs Prize Pack Giveaway (Ends 1/10) @PinkNinjaBlogg
  • RawSpiceBar Subscription Giveaway (Ends 1/9) @PinkNinjaBlogg
  • @SafeCatch Tuna Prize Pack Giveaway (Ends 1/8) @PinkNinjaBlogg
  • Blogger Opp: VitaMedica Skin Supplements Giveaway #BloggersWanted
  • @VitaMedica Skin Supplements Giveaway (Ends 1/3)
  • Canvas Prints and Urban Photography: Cityscapes in Stunning Detail

Mightylicious Complete Flavor Pack Cookie Giveaway (Ends 1/15)

PepperMate Prize Pack Giveaway (Ends 1/10) @PinkNinjaBlogg

@MontgomeryInn_ Ribs Prize Pack Giveaway (Ends 1/10) @PinkNinjaBlogg

RawSpiceBar Subscription Giveaway (Ends 1/9) @PinkNinjaBlogg

@SafeCatch Tuna Prize Pack Giveaway (Ends 1/8) @PinkNinjaBlogg

@VitaMedica Skin Supplements Giveaway (Ends 1/3)

@HistoricallyModern Oaxaca Tequila Glass Set Giveaway (Ends 12/28) @DeliciouslySavv

Pete & Pedro $100 LEGEND Cologne Giveaway (Ends 12/31) @DeliciouslySavv @pandbuenohair

Enter More Giveaways!

Free Download

“Every day is another chance to get stronger, to eat better, to live healthier, and to be the best version of you.”

Productivity-Planner-Preview
Download the FREE Colorable Productivity Planner to get your life more organized. Sign up as a newsletter insider today!
Be a Better You!

  • Absolutely Essential Strategies to Blaze Ahead with SEO Outsourcing
  • Are You Ready: The 10 Most Painstaking Remote Working Struggles
  • Mightylicious Complete Flavor Pack Cookie Giveaway (Ends 1/15)
  • PepperMate Prize Pack Giveaway (Ends 1/10) @PinkNinjaBlogg
  • @MontgomeryInn_ Ribs Prize Pack Giveaway (Ends 1/10) @PinkNinjaBlogg
  • About Home Jobs By Mom
  • Terms & Privacy
  • Contact
  • Pinterest
  • Twitter
  • Facebook
  • Instagram

Copyright © 2023 · Home Jobs by MOM · All Rights Reserved

This website uses affiliate links which means we receive compensation if you purchase a product through them. Visit our disclosure page for more information.

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
SettingsAccept
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT