How Long Does a Personal Injury Lawsuit Take?

October 1, 2020

It is impossible to predict exactly how long your personal injury lawsuit might take. Every case is different, with some lasting far longer than others. Cases where liability seems clear often take substantially longer to resolve than you might expect.

While there is no way to pinpoint the exact length of time your case might take, a dedicated injury attorney could provide a useful estimate after carefully reviewing your claim.

If you have questions about the potential length of your personal injury case, the attorneys at the Jackman Personal Injury could provide you with an accurate estimate. To learn more about the litigation process and how you can reach a settlement without delay, call right away for a free consultation.

Factors That Can Draw Out Your Case

Ultimately, a series of factors will determine how long it takes for your case to conclude. Every injury claim follows a familiar pattern, but some cases can linger on certain stages of the process longer than others. The following factors could directly impact how long it takes to resolve your case.

The Severity of your Injuries

When injuries are not so severe, the extent of your medical care might not extend much beyond an ambulance ride or an emergency room visit. While you may need weeks or months to heal, that does not mean that continued medical treatment will be necessary.

Other injuries require long-term, constant medical care. With these injuries, it is impossible to estimate the exact value of the claim until most of the medical care has been completed. The longer it takes for you to reach a point where you have reached the maximum amount of recovery possible, the longer it will take to resolve an injury claim.

The Amount of Damages

The total amount of compensation you seek from the at-fault party will also play a part in determining how long a personal injury lawsuit might take. In some cases, an insurance company might be willing to settle a $1,000 claim to avoid the cost of litigation—even when they feel their driver is not at fault. This type of settlement is far less likely in cases involving a claim for $100,000.

Court Congestion

One factor that can vary from one jurisdiction to another is the pace at which the courts are hearing injury claims. If the courts in your jurisdiction are heavily congested, it could take longer than expected to obtain a trial date. Some courts are so backed up that your case could drag on for more than year.

While this type of congestion can drag out a potential trial, there is nothing standing in the way of resolving these cases through a negotiated settlement. Your attorney can work from the moment they take your case until shortly before trial is set to commence to resolve your claim through a favorable settlement agreement.

Whether Liability is Disputed

Whether or not the other side disputes liability can determine how long your lawsuit might take. In cases where the defendant does not dispute liability, a settlement could be possible early in the process.

That being said, an admission of fault in an injury claim does not guarantee a quick settlement. Some defendants simply lack the means to pay, making a settlement impossible. Other times, a defendant might agree they are at fault but strongly disagree on the amount of compensation you deserve. In these cases, a trial is more likely than not.

Delay Tactics

A reality of dealing with insurance companies is the prospect of delay tactics. The insurance companies have virtually endless resources. They can afford to drag on cases for months or even years without it ever impacting their ability to operate.

The same might not be said for you. Many injury victims find themselves buried in medical debt. Insurance companies understand this disparity, which is why they often take active steps to drag out the litigation process for as long as possible. The longer you have to wait for compensation, the more likely you are going to feel pressure to accept a low settlement offer.

Discuss Your Options with a Dallas Personal Injury Lawyer

There are active steps you and your attorney can take to move along the litigation process. Delay tactics will not work if your legal counsel actively pushes for your case to be resolved. When the other side understands that you are prepared to go to trial and will not accept less than the full value of your claim, they are more likely to negotiate in good faith. To learn more, contact the Jackman Personal Injury right away for a free consultation.

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