How Long Does It Take to Settle a Personal Injury Claim
If you’re involved in a personal injury lawsuit, it might seem as if it’s dragging on forever. But, although it may feel like there’s no end in sight, your personal injury case is bound to have its’ own day in court sooner or later.
While you’re waiting to find out if you will receive a settlement, the days can seem especially long. And, if your case is one of the few that actually make it to trial, it can be painstakingly difficult to relive the details of your circumstances as they are re-hashed in the courtroom.
Our personal injury settlement timeline can help to provide you with the reassurance that your case won’t last forever, regardless of how it might feel when you’re in the trenches.
Read on to discover the average personal injury settlement wait-times and find out when your own court date might come to a close!
Factors That Influence Personal Injury Settlement Wait-Times
Personal injury settlement wait-times are determined by a wide variety of influencing factors. While one case is settled seemingly overnight, another might drag on for a year or longer. So, what decides the length of time a client must wait for their own personal injury settlement?
1. The Type of Accident
The first thing to consider when determining a personal injury settlement timeline is the type of accident that’s cited in your particular case. Is yours the type of accident that often results in a personal injury settlement? Or, is it the first case of its’ type that the court is likely to have heard?
The most common type of personal injury lawsuits that are awarded settlements tends to be automobile accidents that clearly define the defendant as the one at fault.
Although there are many additional classes of automobile accidents that make a settlement even more likely, including those involving pedestrians or tractor-trailers. You can find out more about these types of accidents on the web.
2. Injuries Sustained by the Victim
Another consideration that determines how quickly a settlement is made is the type of injuries that a victim has sustained.
Wrongful death lawsuits are sure to warrant a settlement if the victim’s loved ones have proof that the defendant caused death.
While fault must be proven in any personal injury case, once this is established, the victim (or their loved ones) are likely to receive a larger settlement outside of the courtroom if the injuries sustained have significantly impacted the victim’s quality of life
3. Settling Out of Court vs a Trial
According to The Law Dictionary, only 4 to 5% of personal injury cases go to trial. 95% of these cases settle outside of court, and of those that do go to trial, 90% of plaintiffs end up losing their case. Plaintiffs tend to do better when their case is heard by a trial judge rather than a jury.
You are more likely to be awarded if the plaintiff is willing to settle out of court. This also tends to speed up the process by a large margin.
If your case is set for trial, you can be certain that it will take longer than if you are to reach a settlement outside of the courtroom. When a case is set for trial, your attorneys must gather testimony, get depositions, and get their case on the court docket.
Once a case is on the docket, the court date can be rescheduled for a variety of reasons. And, even when you have a court date that stays in place, the case might be continued several times before a decision is made. This can prolong the process, causing it to carry on for months longer.
How to Determine Your Own Personal Injury Settlement Timeline
Determining your own personal injury settlement timeline depends on a combination of the factors listed above. And, there may be additional factors in your own personal case that play a part as well.
Want to find out more about how the law applies to your personal injury case?
Check out our website for tips and advice about how the law works!