A common question when filing a claim is, how long will my lawsuit take? There is no one size fits all answer for how long a lawsuit might take, but every lawsuit will go through the same basic steps. Below we have outlined in detail what each step typically is and what you can expect throughout the legal process. We encourage you to carefully evaluate the above graphic but also want to provide some of the details covered above.
Personal injury lawsuits require varying time periods to resolve. Some cases are settled quickly, while other more complex cases may take many months or even longer to resolve.
Some of the factors that influence the length of time it takes to settle an injury case include the court schedules where the legal action is pending, the complexity of the suit, the nature of the injuries suffered by the victim and the need for ongoing medical treatment, as well as other factors.
An investigation into the facts is initiated directly after you have retained counsel. Specific data will be collected like:.
It is imperative that the injured person has access to any treatment or care that has been recommended by the medical professionals who assessed his or her condition.
The facts are shared with an insurance adjuster, in an effort to get the case resolved quickly and fairly. You receive money for your pain and injuries. This is known as damages. If the defendant is found guilty, he or she is responsible for paying damages to the plaintiff — the person who was injured.
In a personal injury case, damages are awarded if there was a breach of wrong civil action. The applicant, or injured person, receives compensation based on the position of the damages.
In the case of personal injury damages , it is divided into two categories, i. With respect to general damages, the injured party is compensated for injuries by monetary aspects. General damages can include:. In this type of scenario, the plaintiff must prove that these damages happened as a direct result of the injury and not pre-existing conditions.
Only then could you, the victim, be eligible for compensation. With respect to special damages , the victim is compensated for the monetary losses occurring because of an injury caused by the third party. Monetary compensation could be awarded for numerous reasons. Here are examples of some of these typical reasons:. When it comes to repairing or replacing property and pursuing compensation for irreplaceable items, you must prove that your property was damaged in the accident or wrongful event caused by others.
Pain and Suffering — You, as the victim, have the right to seek compensation for your physical pain and mental anguish that you are going through because of the injuries sustained in the accident.
Medical Expenses for Treatment — The victim is eligible to receive compensation for all medical expenses incurred for the treatment of injuries as a result of the accident. The victim also has the ability to claim for the compensation that is designated for future medical expenses.
Damages that Result in Loss of Earnings — You are eligible to receive financial compensation for loss of earning capacity because of your accident-related injuries. What qualifies as recoverable are lost wages or salaries, bonuses, commissions, and fringe benefits.
Loss of Future Earning Capacity — You are able to file a claim to recover the value of your future earning capacity if you are unable to work as a direct result of the accident. Damages that Lead to Wrongful Death — Your wife, parent, or child are eligible for damages for wrongful death claims. Inflation may increase each payment in structured settlements, or the payments may decrease as medical expenses lessen.
After both parties sign the settlement agreement, the insurance company in a personal injury case will remit compensation. The legal documents must be filed appropriately in order to protect the plaintiff in the future. Only once the process is satisfactorily complete will the plaintiff be paid. Once the lawyer receives the settlement check, it is temporarily placed into an escrow account or trust. Then the court and legal fees must be paid. Court fees include the costs to file the settlement, to compel witness participation, for court appointed experts and for miscellaneous expenses, such as transcripts and document copying.
Once all the aforementioned fees are paid, the plaintiff receives the rest. Delays in the receipt of settlement compensation may also be due to the day of the week the payment is remitted. Weekends and holidays can delay payment, as funds are normally distributed on business days. Banks may also hold large sums for several days to ensure the deposit is lawful.
In most cases, compensation from settlements is received within six weeks after negotiations complete. Any extensive delays should be discussed with the personal injury attorney handling the case. The attorney should explain the reason for the delay and can help resolve any issues. The personal injury lawyer can also work to expedite the payment due.
Home Legal Information Personal Injury. There's settling your personal injury case quickly, then there's getting "shorted" on fair compensation.
There are three main reasons why the timeline of a personal injury claim can drag out: there are problematic legal or factual issues the case involves a signficant amount of money, or you have not reached a point of maximum medical improvement. Problematic Issue With the Case What kind of problems are we talking about?
The Case Involves "Big Money" Another factor that can delay settlement is if the case involves significant damages a lot of money. That means investigating every aspect of the case until they are convinced that: they don't have a good defense to your claim your injuries are as severe as you say they are, and they cannot attack your credibility. You Have Not Reached Maximum Medical Improvement Another legitimate reason why settlement might take a long time is that you are still receiving medical treatment.
Settling For Short Money What if you recognize that your case could be worth more if you waited for the proper settlement, but you need the money now. Make the Most of Your Claim. Zip Code. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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