You are driving on Maple Street in Springfield, MA when another driver who is texting and driving hits your vehicle. Your car is totaled, and you suffered serious, debilitating bodily injuries. Your mind is likely inundated with questions and concerns like how you are going to pay the out-of-pocket medical expenses. How you are going to cover your monthly expenses when you cannot work? This is when filing a personal injury lawsuit against the negligent motorist makes sense. When clients pursue financial restitution against a negligent driver, a common question they ask is, “How long does a personal injury lawsuit take?” This is a perfectly reasonable question. Unfortunately, there is no single, definitive answer. Why? Because the personal injury lawsuit process depends largely on the specific, unique facts of your case.
Factors That can Influence the Personal Injury Lawsuit Timeline
- The extent of your bodily injuries
- The amount of damages you are pursuing through your personal injury claim
- The amount of available auto insurance coverage
- Whether liability is contested
- Whether the case involves multiple defendants
- The amount of evidence supporting your claim that the defendant was negligent
Average Time to Settle a Personal Injury Case
As mentioned, each case is different, so the time it takes to settle a personal injury case will fluctuate. For example, the settlement negotiation process cannot even begin until you complete your medical treatment. and reach “maximum recovery.” Once your treatment is complete, we can review your total medical expenses, the amount of time you were forced to miss from work, assess your injuries and your pain and suffering.
The personal injury lawsuit timeline can also change depending on the need to litigate the case in court, or whether a resolution can be achieved out of court through a settlement. This means that the answer to, “How long does a personal injury lawsuit take?” could have at least two answers. The first answer would be based on an out-of-court settlement being reached between the parties. The second answer would be based on the need to file a lawsuit in state court and the commencement of litigation. If litigation is necessary, the amount of time needed to resolve the case will be longer. This is because there is pre-trial discovery, including depositions. Plus, trials are set by the court, so we will have to wait until they have an opening on the docket.
As a result, when you ask, “How long does a personal injury lawsuit take?” The answer is, “It depends.”
Sound Legal Advice Throughout the Personal Injury Lawsuit Process
Personal injury claims can be extremely complicated and frustrating. It is quite common for insurance companies to try and drag out the injury claim review process and make low settlement offers. An experienced personal injury attorney can help ensure that the injury claim submission, settlement negotiations, and potential litigation are handled professionally, effectively, and as efficiently as possible. To find out more about your legal options and the personal injury claim process, you can contact the experienced personal injury attorneys at Raipher, P.C.