If you are injured in an accident, you can file a case for compensation against the at-fault party insurance company. In most instances, personal injury cases are settled outside of court up to 95% of the time.
However, if an insurer is not willing to compensate you the amount you deserve, you can take your case to court with the help of a personal injury lawyer.
While this gives you a legal avenue to pursue, it is important to remember that a personal injury trial can take years to resolve. It does not always take that long, but in most cases, you will wait at least a year for a decision to come out.
What Is the Timeline for a Personal Injury Case?
A personal injury case follows certain steps. These include the initial filing of the case, which can motivate an insurer to offer a higher settlement. It also includes the eventual resolution of the claim.
The complexity of any given case, the amount of evidence provided, and the availability of the court can all impact the timeline.
The following is an overview of how a personal injury lawsuit is filed:
- Filing the claim: If a lawyer cannot reach a settlement with an insurer, they will initiate a lawsuit. As mentioned above, this does not always mean the case will go to court because legal steps usually prod insurers to offer a higher settlement.
- Investigation: After a legal case is filed, both parties’ (plaintiff and defendant) lawyers will continue investigating the circumstances around the accident or incident. Both will seek to gather additional evidence. They will also interview witnesses and meet with experts.
- Discovery: The discovery process starts after the investigation is complete. Lawyers from both sides will exchange evidence, including accident reports and medical records. Other pieces of evidence will also be shared depending on the type of personal injury case.
- Pre-trial negotiations: At this point, both legal teams discuss settlement options. The lawyer for the plaintiff will present their demands to the defendant’s lawyer. The case will proceed to trial if no agreement or settlement is reached.
- Trial: During the court trial, both lawyers will present cases on behalf of their clients. It is then up to a judge or jury to decide the outcome.
Judging from these steps alone, it is easy to see why a personal injury trial can take so long to resolve. But there are other elements at play, too.
Case Complexity
The nature of your accident and injury can add significant time to the personal injury trial process. For example:
- If you were involved in a truck accident, it is likely that multiple other parties are also involved. These include truck drivers, trucking companies, and manufacturers or maintenance providers.
Establishing fault in a case like this requires lengthy investigations and expert assistance. This is mainly because maintenance records and driver logs must be examined and witnesses questioned.
- If your case involves medical malpractice, you and your lawyer must involve experts to prove a breach of standard of care. A skilled San Bernardino County malpractice lawyer can help guide you through the complexities of your case and ensure you have the right experts to strengthen your claim.
- If an accident left you with catastrophic injuries, your legal case will automatically take longer to resolve. This is because you will need long-term medical evaluations, and your lawyer will need time to prove the extent of your damages and losses.
Gathering Evidence
Your lawyer will not get the evidence required for your case overnight. Depending on your case, there are several types of evidence required. These may include: ‘
- Medical records: Getting all the complete medical records required from doctors and hospitals can take a while. This is especially true if multiple doctors or institutions are involved.
- Accident reports: In some cases, police reports, incident records, or workplace records must be subpoenaed.
- Expert testimony: Your lawyer will also need to check the experts’ availability to testify in your case. These experts include accident reconstruction specialists and medical professionals.
If, for instance, you are in a truck accident, securing evidence like driver logs and dashcam footage can also extend the timeline of your case. Trucking companies often receive several legal requests for this information before they comply.
Court Backlogs
Yours is also not the only personal injury case happening at any given time. The volume of cases in Texas courts can contribute to significant delays. This is because personal injury cases, criminal cases, and other lawsuits compete for limited court resources.
Trials may also be postponed at short notice due to a lack of availability of judges and juries.
Settlement Negotiations and Trial Preparation
There is also a good chance that insurance companies will continue to delay the process, even after a lawyer has filed a legal case. There may be arguments over who is at fault, especially in cases involving multiple parties.
Insurance companies and defendant lawyers will use delaying tactics, and lowball offers to stall the case for as long as possible. This is usually done in the hopes that the plaintiff will settle.
Appeals
Even if you get to the end of a trial, the legal process may still not be over. Depending on the case’s outcome, you or the defendant can file an appeal. Appeals arise because one party believes the verdict was based on incorrect legal rulings.
There may also be a dispute over the compensation amount awarded. When there is an appeal from the defendant’s side, this will add to your legal case’s timeline.
How to Navigate the Wait
Waiting for a personal injury trial to get resolved may feel overwhelming. That is why hiring the right attorney to help you is crucial. Your lawyer will handle all evidence collection and negotiations and deal with stalling tactics from the defendant’s lawyers.
It is important to consider the costs of a legal trial as well. Discuss the option of a contingency fee with your lawyer, as this will be easier on your pocket.
You will also have to plan for living and medical expenses if your lawyer believes your case will take a long time to resolve.
Moreover, you will have to stay realistic about the timeline of your legal case. Rushing will not help you get more compensation or resolve the case faster.
But, if you are patient and wait for each aspect of the case to run its course, it is possible to get a higher settlement than you anticipated.
