When it comes to personal injury claims, the length of the process could be affected by a range of factors, such as the seriousness of the injuries, liability, and negotiations.
If you have been injured and are dealing with financial difficulties, you understandably hope to get a resolution sooner instead of later. Here’s some information on how the process works.
If you have suffered a serious injury in a car accident or have been involved in an accident where you need to file a personal injury claim, the pull to settle swiftly is a real possibility. This is particularly true if the injury has left you incapable of earning a living and your pile of bills is growing.
Instead of trying to predict how long it will take you to get compensated after you file a personal injury claim, it is vital to know the process. It isn’t as simple as filing a claim and getting a lump of money in a settlement. While it is true that sometimes small claims may be settled swiftly, these are more exceptions to the rule.
The personal injury claim process could last anywhere from many months to many years, based on several factors. Due to these factors, it is unfeasible to guess how long your personal injury case will take. However, understanding those factors will tell you why the process can occasionally take longer than you believe it should.
Table of Contents
Building Your Case
The early phase of a personal injury case forms the foundation for your whole claim. During this part, you and your Denver personal injury attorney will work on collecting evidence, keeping a record of your injuries, and constructing a solid legal argument to support your quest for compensation.
Factors Determine the Timeline of a Personal Injury Case
There are several factors that impact how long it takes to settle a personal injury claim. Your personal injury attorney can provide you with some idea of what you should look forward to based on the following:
Complexity of the Accident
The complexity of an accident considerably affects the extent of a personal injury case, possibly making the resolution lengthier and more complex.
Several Parties Involved
Cases involving several parties usually necessitate extensive investigation to decide liability. Each party’s role and involvement in the accident must be evaluated. This could include:
- Collecting evidence
- Evaluating reports and records
- Interviewing witnesses
- Examining legal precedents
The complexity of this procedure could extend the timeline of the claim. Moreover, coordination between parties might include many insurance companies and legal professionals. The challenge is that everyone has a different schedule. The more parties included, the more time it typically takes to come to a resolution and get fair compensation.
Severe Injuries
When an accident results in severe or devastating injuries, deciding the full extent of damages gets complicated. It may take longer to know the total effect of the injury on the victim’s life, including future medical needs and loss of availability to work. The longer it takes for the victim’s medical condition to become stable, the longer the case could take.
Disagreement Over Liability
If there is a disagreement regarding who is at fault for the accident, more time might be necessary to talk to witnesses, gather evidence, consult experts, and reconstruct the accident scene. This has a direct effect on the duration and complexity of the case.
Legal Proceedings
The legal complexities of a difficult case and legal proceedings could contribute to the amount of time necessary to resolve the case. There could be several motions, court appearances, and hearings which can take considerable time to come to a decision.
The more intricate the accident and the subsequent injuries, the more things there are to consider, leading to a longer and more taxing resolution procedure for a personal injury case. Having an experienced attorney on your side is critical when navigating such cases’ intricate nature and trying to come to a satisfactory and appropriate solution.
Conflicting or Inadequate Evidence
A case gets more difficult when clear, convincing evidence is absent or when the existing evidence is inconsistent. Resolving these uncertainties usually requires extra resources and time.
Lengthy Insurance Company Negotiations
Difficult cases typically include lengthy negotiations with insurance companies. If the insurance companies challenge the claims or propose a too little settlement amount, it may take substantial time to come to a resolution or require going to trial.
Steps Involved in Filing a Personal Injury Claim
Your personal injury claim could go through many steps before compensation is awarded or a settlement is reached.
Medical Treatment
The most crucial thing for you to do if you’re hurt in an accident is to get medical treatment right away. Not only is this the right thing to do for your well-being, but it is also critical if you need, in the future, to file a personal injury claim.
Remember, you must prove that you’ve been injured seriously enough to receive compensation. Medical records play a significant role for an insurance company or judge or jury to decide. If you wait to get medical treatment even if you feel you have only minor injuries, the insurance company’s attorney will use this to verify that your injuries aren’t serious enough to get compensated.
Hiring an Experienced Personal Injury Attorney
After you get medical treatment, your next step should be hiring an experienced personal injury attorney to represent you. This is always advised if you have suffered substantial injuries, or your case is difficult. Your attorney will let you concentrate on recovering while handling the investigation and communications with the insurance company.
Your personal injury attorney will assess:
- Your accident
- Your medical condition
- Any medical treatments you received
- Any other pertinent details about your case
Your attorney will also perform a comprehensive investigation into your accident. This investigation could take weeks or months, based on the severity of your injuries.
Demand Letter and Negotiations
After examining your case and collecting all relevant evidence, your personal injury lawyer will prepare a demand letter to give to the insurance company of the at-fault party. This demand letter is a vital step in the negotiation process. It summarizes the details of your case, the damages you’ve suffered, and the compensation you want.
Many personal injury claims are settled during this phase before a lawsuit is filed. If you and the other party come to an agreement during negotiations, you won’t need to go to court. However, your personal injury lawyer might advise going to court if a reasonable offer isn’t made or your claim includes permanent impairment.
Generally, a demand won’t be made until you reach Maximum Medical Improvement (MMI). This indicates all medical care has been finished or you have recovered as much as you can.
Your personal injury attorney won’t know the value of your claim until you reach MMI. The length of time it takes to reach MMI is contingent on the seriousness and type of injuries. This step is critical because agreeing to a settlement before you are completely recovered could have you leaving money on the table.
Filing the Lawsuit
If negotiations are unsuccessful at reaching a settlement for your personal injury claim, your attorney will file a lawsuit. The statute of limitations in Colorado is you only have two years to file a lawsuit involving injuries due to negligence.
If you settle too quickly, your decision could have severe consequences over your whole lifetime. You shouldn’t work with any insurance adjuster or attorney who tells you they can get you a fast settlement.
The discovery phase starts after the lawsuit is filed. This allows each side to investigate the accident, defenses, and legal claims. Each party sends documentation to the other side, takes witness statements, and asks questions. The discovery phase usually lasts a few months.
Negotiations start after the discovery phase. Your attorney might be able to settle your claim with the other party’s lawyer, but mediation might also be used. In mediation, both clients and attorneys meet with a neutral third party to try and settle the case.
Going to Trial
If negotiation and mediation fail, your personal injury lawsuit will go to trial. This trial could last from a couple of days to several weeks depending upon the difficulty level of your case. Trial dates could change a few times due to the judge’s schedule. It’s a typical part of court proceedings and is one of the reasons why a personal injury case takes a long time to get resolved.
Contact A Denver Personal Injury Lawyer Today
Several factors can impact how long it takes to resolve your personal injury claim. Working with a knowledgeable personal injury attorney with experience in negotiations outside the courtroom and presenting cases before a judge and jury could help move the timeline of your case steadily forward.
If you’ve been injured, don’t wait around. Time is of the essence. Schedule a free consultation today.
