Personal injury victims go through difficulties after accidents. Not only must they deal with severe injuries or illnesses, but they must also keep up with lengthy court proceedings that sometimes drag on for years. Some victims even have to go months without income while medical bills and living expenses pile up.
Given these circumstances, it’s only natural for personal injury victims to wonder how long it’ll take to settle their claims. This is especially important since insurance companies can exploit your desperation and lowball you into taking a fraction of what you deserve. Knowing how long it’ll take to settle your claim can help you make proper arrangements regarding your finances and work situation before your case is settled.
Keep reading to learn more about how long the process takes and what influences the timeline.
Factors Influencing the Time to Settle a Personal Injury Claim:
Personal injury claims usually take several months or more than a year to settle. Plenty of factors influence the length of your personal injury claim settlement. Some of the most notable ones include:
Severity of Injuries and Illnesses:
Injury severity affects the timeline of personal injury cases. The more severe your injuries are, the more time it’ll take to settle your claim. That’s because your attorney needs a conclusive diagnosis of your injuries/illness to determine the settlement offer, and severe injuries take longer to diagnose and treat.
The Case’s Complexity:
Complex cases take longer to settle than less complex ones. A case’s complexity largely depends on the circumstances surrounding the incident leading to your claim. It also depends on the insurer’s willingness to settle your claim.
That said, you may consider your case complex if it involves either or a combination of the following factors:
– Involving more than two parties (the more people, the more complex the case)
– A lack of sufficient evidence to prove damages and/or liability
– Hurdles with the insurance or attorney
If you file a claim against a single party with sufficient evidence, your case will easily sail through the legal process and conclude quickly. The opposite is true about cases with multiple parties, unscrupulous attorneys, and a lack of proper evidence.
Clarity of Liability:
According to New York laws, motor vehicle operators are held responsible for any injury, death, or property damage caused to another party. Personal injury claimants, however, must prove that the at-fault party owed them a duty of care that they neglected. A duty of care means they were required to exercise reasonable care but failed.
You and your attorney must prove beyond doubt that the at-fault party neglected this duty of care and is, therefore, liable. For instance, proving liability in a personal injury claim for a car accident might involve:
– Getting the at-fault party to admit negligence, which is highly improbable
– Photographic evidence of the accident
– Video Footage
– Medical records
– Witness testimonies
Your case can proceed quickly if you prove the at-fault party was negligent. Still, remember that the insurance company will put up a strong defense against their customer’s liability to disprove your claim. Only a reputable attorney can help you build a strong case to prove liability.
Nature of the Defendant:
The defendant’s willingness to settle is one of the most important factors affecting the settlement duration of your personal injury case. Some defendants close the case quickly and settle the damages with little to no negotiation. Others, on the other hand, will protract the negotiations, hoping financial strain and frustration will make you give into a lower settlement.
Amount of Damages:
High-stake cases with considerable damages will likely be drawn out. Such cases require elaborate investigation and lengthy negotiations that sometimes hit a deadlock. Damages that involve treatment for serious injuries also take longer to compute since calculations must incorporate long-term effects and expenses.
How Can I Speed Up My Personal Injury Claim?
While some factors affecting the pace of your personal injury claim are out of your control, you can take steps to accelerate your settlement. Here are a couple of ways to do just that:
Gather Enough Evidence:
You’ll want to gather sufficient evidence to support your case and prove liability. Start by writing a personal statement of facts about the incident, including the following:
– Your personal details (name, address, etc.)
– Detailed account of the accident
– Description of your injuries
– Impact of the accident on your daily living
– Financial losses
This statement, by itself, will go a long way in supporting your case. However, it’s even better if you supplement it with expert witness testimonies, video footage, photographic evidence, and medical records. With enough evidence, the insurance company will quickly investigate your case and process your settlement.
Hire a Reputable Attorney:
Hiring a good attorney makes the settlement process much easier. An experienced attorney will help you determine whether there are sufficient grounds for filing a personal injury claim. They’ll also assist you in filing the actual claim, gathering enough evidence, and handling all the paperwork.
Consider an Early Settlement:
Taking an early settlement isn’t such a terrible idea for personal injury claimants with limited damages and straightforward cases. By doing so, you can avoid long court processes that may waste your time and compromise your mental health. However, if you’re considering an early settlement, be sure to consult your attorney so they can handle the negotiation and ensure you get a proper settlement.
Consult an Experienced Attorney for the Best Outcome:
You can’t tell how long it’ll take to settle your personal injury claim. However, by examining the factors influencing the duration of your case, you’ll have a rough estimate of how long it’ll take.
For the best outcome, you should consult an attorney experienced in handling personal injury cases. Before hiring an attorney, do a background check on them to ensure they are reputable. And while the legal process might take long, always be patient and don’t settle for less than what you deserve.
Disclaimer:
CBD:
Qrius does not provide medical advice.
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) outlaws the recreational use of cannabis products in India. CBD oil, manufactured under a license issued by the Drugs and Cosmetics Act, 1940, can be legally used in India for medicinal purposes only with a prescription, subject to specific conditions. Kindly refer to the legalities here.
The information on this website is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of something you have read on this website.
Gambling:
As per the Public Gambling Act of 1867, all Indian states, except Goa, Daman, and Sikkim, prohibit gambling. Land-based casinos are legalized in Goa and Daman under the Goa, Daman and Diu Public Gambling Act 1976. In Sikkim, land-based casinos, online gambling, and e-gaming (games of chance) are legalized under the Sikkim Online Gaming (Regulation) Rules 2009. Only some Indian states have legalized online/regular lotteries, subject to state laws. Refer to the legalities here. Horse racing and betting on horse racing, including online betting, is permitted only in licensed premises in select states. Refer to the 1996 Supreme Court judgment for more information.
This article does not endorse or express the views of Qrius and/or its staff.
Stay updated with all the insights.
Navigate news, 1 email day.
Subscribe to Qrius
