Personal injury lawsuits are a common legal recourse for people who have been injured through no fault of their own.
However, many people are unsure about how long these cases take to settle.
It is important to note that every case is different, and the timeline for your specific case may be shorter or longer than the average. However, understanding the typical process can help you have realistic expectations and can give you a general idea of how long you might have to wait for a resolution.
Generally speaking, personal injury lawsuits take between two months and two years to conclude. Below, we’ll outline some of the factors that can influence the length of your lawsuit.
How does a personal injury lawsuit work?
The first step in filing a personal injury lawsuit is to gather evidence. This includes any medical records related to your injuries, police reports, witness statements and other documentation that can support your claim.
Once you have this evidence, you will need to find a lawyer who specializes in personal injury law. Your lawyer will review your case and determine whether or not you have a case. With an experienced personal injury attorney, many cases can settle without a lawsuit needing to be filed.
If the case cannot be settled, then the attorney will file a complaint in court. The next step is for the defendant (the person or company you are suing) to file a response to the complaint. After the plaintiff and defendant have filed their initial paperwork, the discovery process begins.
During discovery, both sides collect evidence from each other and from third parties. This can include depositions, written questions and requests for documents.
Once discovery is complete, both sides will usually try to reach a settlement through negotiation or mediation. If they are unable to reach a settlement, the case will go to trial.
What the victim must prove in a personal injury case
To win a personal injury case, the plaintiff must be able to prove that the defendant was liable for their injuries. In order to do this, they must show that the defendant owed them a duty of care, breached this duty and caused their injuries.
A duty of care is a legal obligation that someone has to avoid causing harm to another person. It is the basis for most personal injury lawsuits.
For example, if you are injured in a car accident, you would need to show that the other driver owed you a duty of care (to drive safely), breached this duty (by driving recklessly) and caused your injuries (by crashing into you).
What is settling for ‘short money’?
Sometimes, the plaintiff will want to settle their case for what is known as “short money.” This means settling for an amount that is less than what they actually deserve.
When a plaintiff settles their personal injury case for short money, they are usually doing so for one or more of the following reasons:
- They need the money quickly and don’t want to wait for a settlement that may take longer than they would like.
- They are worried that the case will take too long to settle and they will end up spending more on legal fees than they would get from the settlement.
Neither of these reasons are good reasons to settle for an amount that is less than what you deserve. If you are worried about how long the case will take, your lawyer can give you an estimate of how long they think it will take and ways to get you through until it is time for the case to settle.
Settling for short money is never a good idea because you will end up getting less than you deserve. If you have a strong case, keep fighting. You may have to wait a little longer, but it will be worth it in the end.
Factors that may make your personal injury case take longer
As we mentioned earlier, every personal injury case is different, and the timeline can vary depending on the facts of your case. However, most cases take between two months and two years to settle.
Some cases may be resolved more quickly, while others may take longer. Factors that can influence the timeline of your case include the severity of your injuries, the amount of evidence available, the jurisdiction in which your case is filed and whether or not the parties are able to reach a settlement.
If the injuries are severe, the case may take longer to settle because the plaintiff will want to make sure that they are fully compensated for their losses. If there is a lot of evidence to collect, such as medical records and police reports, the case may take longer to resolve. And if the case is filed in a jurisdiction where there are many personal injury lawsuits, it may take longer for it to go to trial.
If you have been injured in an accident, it is important to speak with a personal injury lawyer as soon as possible. They will be able to review your case and advise you on the best course of action.
At NGK Law, our team of experienced personal injury lawyers has successfully represented clients in a wide range of cases, including car accidents, slip and fall accidents, catastrophic injury cases and more. We understand the law and know how to get our clients the compensation they deserve.
If you or someone you know has been injured in an accident, contact us today for a free consultation. We will review your case and advise you on the best way to proceed. Call us at (314) 350-1900 or fill out our online form.
