Ultimately, the time it takes to settle a personal injury claim depends upon the complexity of the case. For example:
- Car accident claims with undisputed fault and no catastrophic injuries often settle within six (6) months to a year after medical treatment is complete.
- In contrast, car accident claims where fault is disputed or there are catastrophic injuries will take far longer. These claims may not settle and may have to be tried in court.
- Personal injury claims involving commercial defendants, premises liability, and/or more severe injuries take longer to settle, sometimes up to a year after medical treatment is complete.
- A catastrophic injury claim may settle quickly if fault is clear or may take several years to settle or be tried in court.
In short, many personal injury claims are resolved within a year, but for those that do not settle and are tried in court instead, personal injury plaintiffs can expect to wait 1-4 years to be compensated depending upon the complexity of their case and the severity of their injuries.
Do you have a personal injury claim? Call the personal injury lawyers at Cousin Benny today to find out how long it will take to settle your personal injury claim and what your case is worth. Talk with a personal injury lawyer today – free of charge!
What Impacts the Timeline of a Personal Injury Case?
Every personal injury case is unique. These are the four factors that affect how long it takes to settle a personal injury claim.
1. The Type of Negligence
Car accidents generally settle quickly unless fault is disputed and the injuries are severe. Medical malpractice and premises liability, especially involving commercial or government defendants, can take far longer due to the need for investigation and expert testimony as well as the court’s procedural requirements.
2. If Liability is Contested
Proving liability is another factor that can delay settlement. If liability is contested, a personal injury claim may not settle and may go to trial, delaying compensation.
3. The Severity of the Injury
Minor injuries that heal relatively quickly are compensable more quickly. More severe injuries that require more medical treatment and that may have a long-lasting impact on a plaintiff’s health, well-being, quality of life, and ability to work require more time to calculate damages. In these cases, damages may be contested, requiring a trial and the use of expert testimony to prove them. Understandably, this delays compensation.
4. Whether a Lawsuit Has Been Filed
Your personal injury lawyer will make every attempt to negotiate with the insurance company for the settlement you deserve. If the insurance company will not settle, you must be prepared for the process to take a bit longer because your personal injury lawyer must sue to get you your compensation. Under some circumstances, the insurance company will settle upon being served with your complaint. In other circumstances, the insurance company will settle after your personal injury lawyer presents your evidence. Last, some cases must be tried to judgment and the insurance company forced to compensate you.
Claim vs. Lawsuit
A personal injury “claim” is different from a “lawsuit.” When you’ve suffered an injury and it is someone else’s fault, you file a claim for compensation with the insurance company. If the insurance company denies or underpays your claim, your personal injury lawyer will help you file a lawsuit to force them to pay you what you deserve.
Hire a Qualified Philadelphia Personal Injury Attorney
If you have a personal injury claim, seek professional guidance by working with an experienced personal injury lawyer in your jurisdiction. Why do you need a personal injury lawyer? If your claim is underpaid or you accept an initial settlement offer that is far too low, that may have devastating consequences for you and your family. An experienced personal injury lawyer will fight for you and get you the compensation you deserve.
Call Cousin Benny today for your free, no-obligation consultation and find out how much your case is worth and how long it will take to settle your personal injury claim.