On average, we typically find a personal injury case takes anywhere from six months to two years for completion from the date of the crash to the resolution of the case. However, every case is unique, and a number of factors can affect that general timeframe. Some of the biggest factors in determining how long your case will take include:
Most of the time, we will not be able to resolve your case while you are still undergoing medical treatment for your injuries sustained in the crash. As such, the more severe your injuries, the longer your recovery will take and the longer you will likely be treating for. As we tell are clients, you only get “one bite at the apple”, and therefore we do not usually want to rush into a settlement while you are continuing to accrue medical bills.
Simply put, if our investigation reveals that the at-fault party has minimal liability insurance and little or no recoverable assets, it may not make sense to incur unnecessary costs associated with litigation. In those cases where the at-fault party has minimal liability insurance and little or no recoverable assets, it may be in our clients’ best interest to resolve the claim for the applicable limits as soon as possible to keep medical liens, case expenses, and attorney fees as low as possible.
Prior to filing a lawsuit, we often attempt to resolve your claim outside of court with the at-fault party and/or her insurance carrier. However, depending on the reasonableness of the opposing party, this is not always possible. In cases where the opposing party is denying your claim or offering an unfair settlement amount, we will advise you to proceed with filing suit. Filing a lawsuit generally lengthens the time it will take to resolve your case.
As mentioned above, once your case is filed with the court, generally, those cases take longer to resolve than cases that can be negotiated outside of court. Once a case is filed, many deadlines are set by the court, which can often vary from venue to venue. The complexity of your case, including the number of witnesses who will need to be deposed, the amount of discovery that will need to be exchanged, and the length required for a jury trial can all greatly affect the timeline for ultimate resolution of your case.
At The A.W. Smith Law Firm, our attorneys are experienced in evaluating and prosecuting auto injury claims both outside of court and through litigation. As such, if you’ve been injured due to the acts of another party, please reach out to our firm to determine your legal rights, including how long it will likely take to reach a resolution of your case.
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