Here is the short answer:
The short answer is that injury claims typically take anywhere from 3 months to 3 years to resolve. However, let’s dive deeper into the details and break it down into two main categories: cases that settle without a lawsuit (“Pre-Litigation Cases) and cases that a lawsuit is required (“Litigation cases). The duration of your case will depend on whether your case is able to be resolve pre-litigation or if a court appearance and more fighting is necessary.
> If your case settles during the pre-litigation phase, it should be resolved within 12 months or less. At Green Personal Injury Lawyers, we strive to resolve pre-litigation cases within 9 months or less. However, if your case requires a lawsuit, it may take an additional 1-2 years or more to reach a resolution.
> Of course, there are exceptions to each rule. We’ve seen cases that resolve in as little as 60 days, while others may take up to 4 years to reach a conclusion.
I. Timeline of Pre-Litigation Personal Injury Case
Here's an approximate timeline of a Personal Injury or Car Accident Case:
Months 1-2:
– Preserve evidence, including obtaining the police report and documenting property damages.
– Gather insurance policies and open the claim.
– Obtain witness statements.
Months 2-6:
– Focus on obtaining follow-up medical treatment.
– Negotiations typically do not occur during this phase, as the case strengthens with the development of the injury and accumulation of medical bills.
– Your attorney will track medical bills and records and keep an eye on the available insurance benefits.
Month 7:
– Once the injured party reaches maximum medical improvement, it is appropriate to begin preparing a settlement demand letter to submit to the insurance company.
– The insurance company is usually allowed 30 days to review the demand and provide an initial response.
Month 8:
– Engage in negotiations with the insurance company take 20-45 days after the demand package is reviewed.
Months 9-10:
– Finalize the settlement, negotiate medical bill reductions, and disburse the settlement funds.
If the case is not settled during the pre-litigation phase, your attorney will file a lawsuit on your behalf, initiating the litigation process.
II. Timeline of Litigation Injury Case
Months 1-2:
– Identify the legal name of the responsible parties.
– Draft lawsuit identifying all legal claims.
– Just like in the movies, a process server has to physically hand the lawsuit to the defendants.
– Defendant has 20 days to answer the lawsuit.
Months 3-5:
– Exchange written discovery materials with the opposing party.
– This includes a list of questions (interrogatories), requests for admission of facts, and requests for important documents.
Months 6-8:
– Conduct depositions of witnesses, including the injured party and other relevant individuals.
– The defense attorneys will have the opportunity to question the witnesses to gather information about the incident and its impact on the injured party’s life.
Months 9-10:
– The defense may require the injured party to undergo a medical examination by their expert witnesses to evaluate the causation of injuries.
Months 11-12:
– Prior to trial, both parties will participate in mediation, a facilitated negotiation process.
– Each side will present their positions, taking into account the strengths and weaknesses of their case, with the goal of reaching a settlement.
Months 12+:
– The case may proceed to trial if a settlement is not reached during mediation.
– The trial date will be scheduled within a rolling trial period, which can last 3-4 weeks.
– The actual trial duration may vary but generally spans 8-12 weeks, depending on the complexity of the case.
Conclusion:
At Green Personal Injury Lawyers, we understand that every personal injury case is unique, and it’s crucial to receive personalized and tailored advice. If you or a loved one has been injured, we encourage you to reach out to our trial lawyer, Seth Green. He will listen to your story, assess your case, and provide you with the guidance you need. Don’t navigate the complexities of a personal injury claim alone.