How long do personal injury cases take to settle?
Personal Injury - January 3, 2024
You may consider filing a personal injury claim after being hurt by someone else’s negligence. Your first option may be to initiate an insurance claim, but if this doesn’t yield a satisfactory settlement, you may need to proceed to legal action. Untangling the details of a case can be challenging, and you may be unsure about the average time to settle a personal injury case.
A Chicago personal injury attorney at Horwitz, Horwitz & Associates can explain how the law applies to your circumstances. They can describe the process and answer your questions to give you confidence in your claim while you await a final decision.
How long should a personal injury case take to settle?
The answer to “How long does a personal injury case take to settle?” depends on who is at fault, how many liable parties there are, whether they contest their fault, and whether the insurance company cooperates. Generally, you can expect your case to last between a few months, but some can last several years.
Preparing a case can take many weeks of effort, research, and analysis. Depending on your injuries’ severity, it could take months before your attorney has a full list of medical costs, lost wages, personal suffering, and other expenses to include in your settlement demand.
How is a personal injury claim handled?
The typical first step in managing a personal injury claim is to identify who is potentially at fault and file a claim against their insurance coverage, such as after a car accident. You will submit your claim and then need to present evidence that the policyholder is at fault.
You can expect the insurance adjusters to push back hard against your claim. They know the law and their policies better than the average person and will use this to encourage you to accept a low initial offer. Hiring a personal injury attorney to negotiate with them on your behalf can protect your interests and secure a better settlement. If the insurance company doesn’t meet your demands, your next step may be to file a personal injury lawsuit against them.
Do most personal injury cases settle?
Yes, most personal injury cases settle rather than go through to a jury trial and verdict. However, even during the negotiations with the insurance company, you must supply robust evidence proving the defendant’s negligence makes them liable for the costs of your injuries and property damage. Your attorney can help you prepare a strong case showing how the defendant failed to uphold their duty to others and establish causation for your damages.
Are most personal injury cases settled out of court?
Because a trial is often lengthy and expensive, only some people or companies wish to go that far, so most personal injury cases can be settled before going to court. As a plaintiff, you naturally want to secure as much compensation as possible so you aren’t left with a financial burden due to the liable party’s negligence. Likewise, the insurance company and defendant hope to pay as little as possible to protect their interests.
Because of this, it’s common for the attorneys to come to an out-of-court settlement, even when a trial is underway. When you have retained a qualified personal injury firm, they will work to present a powerful case to the insurance company to reach an appropriate amount. If the case proceeds to trial, they can push further to show liability that weakens the defense and encourages them to settle.
How can you get help with your personal injury claim?
If you or a loved one has questions about whether you have a valid personal injury claim, contact Horwitz, Horwitz & Associates to schedule a free consultation by calling (800) 985-1819 or using our online form today.
