Understanding the duration of your pursuit of personal injury compensation is crucial. It helps set realistic expectations and prevents frustration during what can be a lengthy process.
“Several factors affect the timeline of a personal injury claim including the complexity of your case, the severity of your harm, and whether or not the other party is willing to negotiate” says personal injury attorney Miguel Custodio, Jr. from Custodio Dubey LLP – CD Law.
This piece discusses the timeline it takes to settle a personal injury case.
Stepping into Action After an Accident
It is crucial to seek medical intervention immediately after an accident. Apart from treatment, it will help you document the severity of your injuries and medical bills.
You also need to collect more evidence to validate your claim. For instance, you can take photos or videos of the accident scene and collect eyewitness contact information. It is also advisable to invite the police to the scene because their report is essential to your claim.
After thoroughly analyzing the accident, your attorney may also involve an expert witness who will corroborate your assertion from a professional viewpoint. All these steps are to make your claim credible.
You must quickly speak with a local attorney immediately after your accident to beat deadlines and present a solid case. When an attorney guides you from the beginning, you will brighten your chances.
Instituting the Claim
After the initial steps, you will formally kick-start the legal process by filing a personal injury claim against the at-fault party. Your attorney will send a demand piece or complaint to the defendant or their insurance firm.
The letter will capture your pain and suffering, lost wages, medical expenses, and desired compensation. Your filing must be precise, accurate, and detailed to create a veritable ground for negotiations or trial.
The Point of Negotiations
The other side will send you a settlement offer as they want the case to end through negotiations. The potency of your evidence plays a huge role in this instance. If the defendant or their insurer discovers you have compelling evidence, they will be more willing to offer adequate compensation.
Although over 95 percent of personal injury issues end out of court, if the defendant or insurer is unwilling in your case, never hesitate to approach the court. The court can help you get deserving compensation if you have strong evidence.
Factors that Influence the Duration of a Personal Injury Claim
Knowing the factors that can affect the timeline of your case will help you prepare well ahead. It toughens your skin of the legal hurdles to expect and how to cross them.
The severity of your harm impacts how quickly your case will end. If your injuries are severe, it will take a longer time to reach a maximum healing point. You cannot file a personal injury claim without reaching your peak healing point.
You want to be sure that all current and future medical costs are accounted for before accepting any settlement. So, you do not want to make a claim hastily and eventually discover that it is insufficient.
Disputes Over Liability
Sometimes, the at-fault party is unwilling to plead guilty. Resolution cannot happen until someone admits fault. Thus, this dispute can elongate claims resolution.
Your lawyer may need to conduct in-depth investigations, involve expert witnesses, and present more compelling arguments to indict the other party. All these fault-clarifying processes will take a while.
Insurer’s Gimmicks
Insurance firms sometimes use delay tactics to frustrate personal injury victims into accepting lower settlements.
They employ tricks such as unnecessary dispute of proof, prolonging negotiations, and demanding more documentation. The best way to counter these strategies is to involve a reputable local attorney. They will help defend your rights and prevent undue deviations.
When your case is complex, such as involving multiple at-fault parties, long-term medical care, or dealing with an institution, it will take longer to resolve. Everyone involved will want to do their due diligence, prolonging resolution time.
Delays from the Court
Most people detest litigation because of its complications. The court has several procedures that you must religiously follow. You will file legal motions, exchange documents with the other side, and ultimately, wait for court schedules.
Again, the best way to mitigate these delays is to liaise with a reputable and results-driven personal injury attorney. They understand the court processes and how to work hard to keep your case on track.
The Impact of Settlement and Trial on the Duration of Personal Injury Claims
As noted earlier, many personal injury cases end through settlements. However, a few ones make it to trial. You can expect a prolonged process if your case is one of the few.
Many prefer settlement because it is quick and economical. You can quickly negotiate with the other party and agree on a fair deal. You do not need to wait for a court schedule or counter-motions from anyone to settle.
This process is less emotional and cost-friendly. You can get fair compensation when you allow a skilled attorney to represent you. They know the amount your case is worth and will not compromise until the other party does the needful.
The Trial Pathway
Procedural requirements, proof presentation, and court schedules often elongate claim duration. You must thoroughly prepare for your trial if you want to stand a chance of a positive outcome. You must cross-check your evidence, argue convincingly, and master complex court rules.
Although you have the probability of getting higher compensation, you must also be ready for a delayed process. The court may order you to present more resources before deciding your case, taking longer than usual.
The Effect of Medical Treatment on Your Claim Duration
As said earlier, medical treatment plays a huge role in the resolution of personal injury claims. In fact, it is central to your claim duration.
You must reach maximum medical improvement before filing a claim. This is to ensure you comprehensively understand your injuries and losses. You risk undervaluing your harm when you settle before maximum medical improvement.
For instance, if the injuries eventually lead to permanent disability, you cannot return to make more demands. Thus, it takes time to wait until you reach maximum medical improvement.
Collating Expert Testimony and Medical Records
You must comprehensively document your treatment journey to make your claim more credible. Your medical bills must be intact. You must also apply for your medical records.
If you need to further establish the severity of your harm, you may also involve an expert witness. While these processes bolster the credibility of your claim, they also elongate the process.
Concluding Remarks
You have seen the several factors that determine the timeline of your claim. Your best strategy remains to involve a local personal injury attorney immediately after your accident. When a lawyer steps in on time, they quickly put things in motion.
Also Read: Joye Law Firm Injury Lawyers: Protecting the Rights of Injury Victims
