Are you about to begin the process of filing a personal injury claim? If so, you might be wondering how long it will take and when you can expect to receive compensation. This is a pressing question for many wrongfully injured individuals who are suddenly faced with unexpected medical bills, the inability to work, and the pain and discomfort caused by their injuries. However, the answer is different for everyone, depending on the specifics of their case.
During your initial consultation with your personal injury attorney, you will be able to have a better idea of how long your case might take.
Until then, read below to learn more about the process and the average amount of time it might take for a personal injury case to settle:
- Your claim will begin with settlement negotiations: In some cases, an insurance adjuster might immediately make a settlement offer for your claim. However, this first offer is usually too low to cover the costs of your injuries, so it would not be wise to accept it. Instead, your attorney will begin negotiating to obtain a settlement that is suitable for your situation, so you do not have to end up footing the bill for any accident-related expenses, including the wages you might miss from being unable to work.
- If negotiations fail, file a lawsuit: If the insurance company is unwilling to negotiate a fair settlement, the next step is to file a lawsuit. The defendant will usually be served within one to two months and will have about a month and a half to respond, which means it can take a total of three months before you receive a response. Once you receive a response, the discovery process will start and, depending on the complexities of your case, this can take a considerable amount of time.
- Avoiding a trial: Not everyone is eager to go to trial, which is why it is not uncommon for a personal injury claim to go through mediation first. Generally, this step in the process will take place about eighteen months after your accident occurred. However, once you begin mediation sessions, you will likely only need a couple of days.
- Going to trial: In the event that mediation sessions fail and you are unable to achieve a fair settlement agreement, your claim will go to trial. While it can take up to two years before you reach this stage, the trial itself might not take more than a couple of weeks. That said, keep in mind that the majority of personal injury cases do not go to trial and are often able to settle out of court.
As you can see, there are quite a few variables that can impact the length of your case. If your injuries are particularly severe or there are problems with the details of your claim, this could prolong it even further, so make sure you hire an experienced personal injury attorney.
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Were you injured in an accident caused by someone else’s negligence? Contact the team at Levin & Nalbandyan, LLP. Our personal injury attorneys are committed to providing exceptional legal representation.