How Long Do Personal Injury Cases Take to Settle?

Personal Injury Cases

Despite cars getting safer every year, around 13 car accidents occur every minute in the United States.

The truth is, no matter how safe your car is, or how safe of a driver you are, there are others on the road not following the same standards. Getting in a car accident can happen at any time.

If you were injured in a car crash, you might be wondering how long personal injury cases take. Keep reading to learn the answer.

Settling Personal Injury Cases

There is not a “one size fits all” answer to how long it takes to settle personal injury cases. The more important factors tend to be the severity of your injuries and how much treatment is required.

If you have minor injuries, cases are typically settled faster.

When you find yourself in a personal injury lawsuit, you must hire a capable attorney. Without a lawyer, your case will take longer.

Personal injury lawyers know the ins and outs of the process and can make sure everything is filed correctly.

For example, if you get in a motorcycle accident, filing a claim with a lawyer that handles those case types is beneficial. Learn more here about motorcycle accident lawyers.

What the Victim Needs to Prove

A personal injury victim needs to prove that they were not at fault and the other party is responsible for the injuries. The person that was injured has to show that the defendant owed a legal duty of care to the injured.

The victim also must prove that the defendant hasn’t fulfilled their legal duty by doing or not doing something that caused the victim to suffer loss and damages.

With the help of a personal injury attorney, the victim can file for a settlement or lawsuit.

Personal Injury Damages

The legal process starts when the injured individual files a claim for compensation.

The injured person is eligible for financial compensation, giving them the chance to receive money for their pain and injuries. This is called damages.

Types of Damages

Compensatory damages are one of the most common types of damages that can pay someone for injury, loss, or damages sustained by carelessness from a third party.

In a personal injury case, the injured person gets rewarded damages for a civil action breach. The injured person receives compensation based on the damages.

Personal injury damages get divided into general damages and special damages. For general damages, the injured person gets compensated for injuries with money. General damages are the most common and can include the following:

  • Physical pain
  • Disfigurement
  • Emotional suffering
  • Mental or physical impairment

In this scenario, the plaintiff has to prove that damages occurred as a result of the injury and not from pre-existing conditions. If this cannot be proven, the victim won’t be eligible for compensation.

Special damages are provided to the victim to compensate for monetary losses occurring from an injury. Monetary compensation might be awarded for these reasons:

  • Repairing or replacing property
  • Covering extra costs having to do with injury
  • Compensating for irreplaceable items
  • Lost earnings

When it comes to replacing or repairing the property, the victim has to prove that their property was damaged from the accident or wrongful event caused by a third party.

Extent of Damages

The victim has the right to seek compensation for pain and suffering. This relates to physical pain and mental anguish.

Victims are eligible for compensation to pay off medical expenses incurred for the treatment of injuries. If the victim needs future medical care because of an accident, they can claim future compensation as well.

You are eligible for damages that result in loss of earnings because of an accident-related injury. Recoverable losses include bonuses, fringe benefits, lost wages, and commissions.

If you don’t know the type of losses you qualify for, your lawyer can look at your case and help you figure it out.

Case Information

When your lawyer has all of the right details, they can provide you with the best legal services. The quicker you provide them with information, the faster they can file a claim. Here are some of the details you should provide to your lawyer:

  • Date of the accident
  • Witness contact details
  • Evidence that proves earnings loss and damage
  • Insurance documents
  • Relevant information about your personal injuries and medical diagnosis

If you have documents that have to do with past legal claim cases, it can be helpful for your attorney to have those as well.

With this, a lawyer will get started on your case. The length of time varies, as stated before. The process can last up to a year from the date the complaint was filed or longer.

In some cases, a personal injury settlement can take around six months. Only a minority of cases take more than two or three years to settle.

How Long Will Your Case Take?

Personal injury cases can take anywhere from six months to three years. The length of time it takes to reach a settlement mainly depends on your injuries and the treatment required.

However, a case takes longer without the help of a lawyer. When you hire an attorney and provide them with the details of your case, they can get to work right away.

Lawyers will do everything to help victims get compensation as fast as possible, but it’s not always in their hands. Don’t forget to come back for more articles like this.

One thought on “How Long Do Personal Injury Cases Take to Settle?

  1. I am looking for the best lawyer willing to investigate or open a case which was settled in 2020 death by hit n run. I live in Adrian Michigan and have no money. My young son won the 275 of 300 insurance claim but the case is so messed up it needs reviewing desperately because I know things aren’t right with it.

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