When pursuing a personal injury lawsuit; The key question that comes to mind is “How long will it take for a personal injury lawsuit?” You may be thinking about this, especially when things are slow and medical bills are increasing your financial stress.
However, there is no single answer to this important question as different factors play a role in the time it takes for your experiment. In this article, you’ll learn everything you need to do, how long each step will take, and the various factors that can affect the process.
How long does it take to repair or resolve a personal injury case?
Generally, personal injury cases take about 1 to 3 years to resolve. Each case is unique, and therefore it is not possible to determine how long it will take to resolve your injury claim or lawsuit. According to research, on average it takes about 26 months to settle a lawsuit.
In addition, most cases are resolved before trial, while only 3% of cases are decided by the jury and judges in the courtroom. Once you hire an experienced attorney, they will have access to the facts of your case and give you an idea of the time at which your case can be decided or resolved. To schedule an appointment, visit a personal injury attorney in Wadesboro, NC.
Several factors that influence the litigation period include:
Case complexity
Every case of personal injury is different and unique. Some of these cases are simple, while others are complex where multiple parties, major injury, and loss, death, or wrongdoing cannot be determined easily. For example, slips and falls are much easier than cases of medical corruption.
Severity of injury
The severity and importance of an accidental injury affect the length of the process. Minor injuries take very little time, whereas severe and serious injuries where workplace injuries should not also hurt your wallet require hospitalization, extensive medical care, and consequently permanent disability take longer.
Type and degree of damage
The importance of accidental damage also determines the duration of your case. A useless case will usually be solved more easily and quickly than a case that is worth millions or billions.
Patience level
Whether you want to solve your case quickly or wait for more money, this process will take longer, it depends on you and your patience.
Court workload
When you file a lawsuit, the rest is up to the court. They will set the date and time. They can change even at the last minute if they want.
So before you start the process, it is important to know the steps of the litigation process and the various factors that can help speed up your process.
1) Hire an experienced and skilled personal injury attorney.
You might think that you can file a lawsuit and sue for personal injury, but you’d be wrong. Since you don’t know your way around the field and all the technical features of the law, you will have a hard time filing a claim and you may have to waste a lot of time and effort. The general rule for hiring a lawyer is that you should hire an attorney when you have a serious injury and significant property damage.
Most lawyers work on an emergency basis, so you don’t have to pay a fee until they’ve settled your case in court. Therefore, it never hurts to consult a lawyer. One thing to keep in mind is that the first attorney you meet may not be for you.
In addition, lawyers are busy with their profession, so it may take a few weeks before meeting with the lawyer you have promised. Therefore, it is best to start the process of finding a good personal injury attorney as soon as possible.
2) Beginning of the case
Your personal injury lawsuit can only be initiated when you file a complaint in court and pay a filing fee, and also send a copy of the complaint and subpoena to the defendant. A complaint is a document in which you state the facts of your case, the party’s responsibility for wrongdoing, and the compensation you are seeking.
At the same time, a summons is a document informing the defendant that he is responsible for his guilt. Generally, the statute of limitations for personal injury cases is about 1 to 3 years.
Therefore, according to state law, your attorney will determine the period during which you can file a claim. Then they will draft a complaint. The process of compiling a complaint and submitting a claim takes 1 week to 1 year. Factors that influence this process include:
How complicated is the case? Is there more than one defendant?
Did your attorney decide to negotiate before filing a claim?
Is your attorney having trouble serving the defendant? Can’t they find it?
3) Information exchange
Prior to the trial, there was an exchange of information between the parties involved in the lawsuit, including:
In addition, both parties are allowed to question each other and interview witnesses. This is before a judicial representative who writes the testimony of all parties. This process begins after filing a complaint. It takes about a month to complete and trials begin.
4) Pre-trace movement
Lawyers for both parties will file several lawsuits first. This begins as soon as the complaint is filed and continues before the trial begins. These movements ask the courts to consider certain issues. This pre-trial action is critical because some cases have a greater impact than others.
For example, a motion to dismiss a case may take longer than a motion to ask the opposing legal counsel to provide specific evidence.
5) Negotiation for settlement
Most personal injury cases are resolved before trial. As soon as information is exchanged and evidence is gathered and paperwork is complete, your attorney will initiate a conversation with the other party.
Settlement may be just an informal conversation between two lawyers or a very formal meeting that requires mediation. Not all cases of personal injury are resolved immediately. It can take some time, especially when the other party tries to blame you for the mistake or tries to get you out by paying you as little as possible. Some settlements are also made the day before the trial because not everyone likes going to court and wasting their money and time.
The bottom line
Every case of personal injury is different, and so is the time required by it to get resolved. Some cases are simple, while others are complex, so they will require more time. The extent and type of damages and the severity of injuries sustained in the accident also determine the length of the process and the time needed to reach a verdict or a settlement.
Moreover, most cases are resolved through negotiations and usually take less time, but sometimes the other party is unwilling to negotiate or agree to the terms you set forth, or they are unwilling to compensate you rightfully, then the case proceeds to a court trial which takes longer.
But if you have an experienced and skilled lawyer by your side, then you do not have to worry about the paperwork and the negotiations. They will speed up the negotiations and get you the compensation you deserve. But if negotiation is not likely, then they will fight on your behalf in the court and try to get the verdict of the judge and jury in your favor. In this way, you will quickly get the compensation you truly deserve for your personal injuries.
