How Long Does a Personal Injury Lawsuit Take?

When you’re hurt in a personal injury accident, you may know that you need to file insurance claims and bring a personal injury claim to get compensation. You expect that there’s going to be at least some wait until you have a check in your hands. But how long does a personal lawsuit take? How long does it take to get paid after a personal injury accident? Here’s what to know regarding how long a personal injury lawsuit takes:

How Long Does a Personal Injury Lawsuit Take?

A personal injury lawsuit may take anywhere from one month to three years. If you’re able to resolve your claim without formal proceedings quickly, you may have a check in your hands in as little as a month. On the other hand, if you have a complicated case that proceeds to trial, your case may take up to three years. The complexity of your case and the circumstances of the parties determines how long your personal injury lawsuit might take. Most cases take between six months and one year.

What Factors Determine How Long It Takes to Bring a Personal Injury Lawsuit?

There are a number of factors that come into play when it comes to whether your case will resolve quickly or take a long time. Even though each case is unique, some elements are indicators as to whether a case will be more like one month or more like three years. Here are some of the critical factors for determining how long your personal injury lawsuit might take:

Whether the fault is obvious

When it’s obvious who’s to blame for a personal injury, the case resolves a lot faster. When it’s clear who’s responsible for the victim’s injuries, it often becomes a matter of just what the responsible party should pay. The parties can save time litigating who’s accountable and focus on what the resolution should be.

When the fault is clear, the insurance company may not object to making a fast payout. You may be able to avoid having to file a formal claim if the other side agrees that they’re legally liable for the personal injury. Obvious fault can make a personal injury lawsuit resolve quickly.

Whether the responsible party has insurance

If there’s insurance to cover the responsible party’s financial liability, they’re much more likely to agree to pay. The existence of an insurance contract can help the victim get what they deserve. If the responsible party has sufficient insurance to pay a claim, it can speed the recovery process and ensure that the victim collects a fair payment for their injuries.

Whether you need an expert witness for trial

There are many reasons to use an expert witness at trial. You may need an expert to explain the medical implications of your injuries. You might rely on an expert to explain to the jury how the crash occurred. If there are experts needed for your case, they can make a big difference when it comes to getting the compensation you deserve. However, it can take time to find the right experts and bring them up to speed.

The other side has some time to get information about the experts before trial. If the other side has experts, you also have the opportunity to learn about what they plan to say. An expert witness can make a case take longer, but they may be a critical piece of the puzzle to ensuring you get fair compensation.

Whether there are multiple parties involved

If there are more than two parties involved in the case, determining liability may become more complex. Comparative negligence might be an important question in the case. When multiple parties are involved, a case may take longer because of factual disputes and the time it takes for each party to build their case.

Whether the injuries and damages are minor or severe

When injuries are minor, a case is more likely to resolve quickly. The party responsible may have insurance that covers the payment, or the parties may be more agreeable to settling the case. If damages are extensive, it may take longer to reach a resolution.

When there are severe injuries, there may be more debate about what a resolution should be. It may take you longer to gather all of the evidence about the losses that you’ve sustained. However, it’s essential that you take the time to carefully build a complete claim for the recovery that you deserve. A case with substantial damages typically takes longer to resolve.

Whether there are complex legal issues

A case can take longer to resolve if there are unsettled legal questions. If there are legal questions about the presentation of evidence or about how Florida law applies to the case, the parties may ask the court to rule on those issues before the case goes to trial. Complex or unsettled legal questions can make a case take longer.

How Long Will My Personal Injury Case Take?

The good news is that you have quite a bit of influence over how long your personal injury case takes. Ultimately, it’s up to you whether to accept a settlement or go to trial. The time it takes to go through trial can be one of the factors that you use to determine whether to accept a settlement offer or not.

You can also make your personal injury case move faster by working with your attorney to create a case plan. You can help gather records and build the evidence. Your contributions can help your attorney proceed more quickly on your case. Time is an important consideration for most personal injury victims. Your attorney can help you create a plan to resolve your case as quickly as possible.

Contact Our Personal Injury Attorneys

At Jack Bernstein, Injury Attorneys, we’re committed to helping you resolve the case in the best ways possible. One of the considerations is resolving your case quickly. We know that you need the compensation that you deserve and you need it as fast as possible. Our legal team can help you balance all of the critical factors to help you receive justice in your case. Contact our experienced Florida personal injury attorneys today to speak to a member of our team.

About the Author

Jack G. Bernstein, ESQ.

For more than 36 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Click to Call
Message