If a negligent party injured you, you might reasonably be asking, “How long does a personal injury lawsuit take?” However, many personal injury cases are resolved through settlements, often with insurance companies. A lawsuit may not be necessary at all, and you could potentially receive your settlement before any formal complaint has to be filed.
How long a particular case will take to be resolved will depend on many factors, including whether the case is resolved through a settlement or involves a lawsuit. An experienced Tampa personal injury attorney can review your case and give you a better idea about the potential timeline.
How Long Does a Personal Injury Case Take?
A personal injury case can take anywhere from a few weeks to a few years to resolve. Every case is unique and is affected by various factors that are specific to the situation.
Factors That Affect How Long a Personal Injury Claim Takes
Some of the factors that affect how long a personal injury claim takes to resolve include:
The Type of Personal Injury Case
The particular type of personal injury case can directly impact the length of time it takes to resolve. For example, if you are involved in a car accident, you will generally begin your claim by filing a claim with your Personal Injury Protection (PIP). You must seek medical attention within 14 days of the accident.
Florida considers the claim overdue if the insurer does not provide payment for the claim within 30 days of receiving notice of the claim. Note that if your case involves serious injuries or losses, you may be able to file a claim against the other driver – this could prolong your case but could also lead to much more compensation.
Other types of cases may be more complicated, such as medical malpractice or construction accident cases. These cases may take longer to resolve because they may involve longer investigations or require expert witnesses.
Severity of Your Injuries
Another factor that can affect how long your case takes to settle is the severity of your injuries. Your personal injury attorney will likely recommend that you wait to settle your claim until you reach maximum medical improvement, which is the point at which you have recovered as much as can be anticipated, even if you continue medical care.
Some injuries are relatively minor and may only take a few days or weeks to heal. Other injuries, such as brain injuries, may have lasting effects on your life and require ongoing care. It is important that you work closely with your medical team so that your lawyer can more accurately estimate the cost of your medical treatment, as well as medical expenses you can reasonably anticipate incurring in the future.
Once you accept a settlement, you cannot return to recover more compensation later, even if you find out your injuries were more severe than you first thought or incur additional medical bills. Your settlement should fairly compensate you for all of your losses, including current and future expenses.
The Strength of Your Evidence
Another factor affecting how long your case takes to settle is the strength of your evidence. If your evidence is not strong, the insurance company may be unmotivated to settle the case. Your only option to recover compensation in such situations would be to file a lawsuit, which will increase the time it takes to resolve.
Your personal injury lawyer can conduct an investigation and gather evidence to help support your claim. This can allow them to negotiate from a position of power.
Length of Settlement Negotiations
Finally, the time it takes parties to negotiate a settlement can impact the length of a personal injury claim. A skilled personal injury attorney can utilize their negotiating skills to substantially increase your claim’s value.
How Long Does a Lawsuit Take?
If your case does not settle, the next step is to file a lawsuit. In Florida, personal injury lawsuits must be filed within two years of the accident date under the relevant statute of limitations.
Even if your case results in a lawsuit, it’s still possible for it to be settled. But how long does it take to settle a lawsuit? That depends on where it settles in the litigation process. Common times when lawsuits are settled include:
After Filing The Lawsuit
Sometimes, simply filing the lawsuit may show the insurance company or defendant that you are serious about the case. They may fear negative publicity or a large verdict and make a fair settlement offer at this junction.
After Discovery
Discovery is the process of obtaining and sharing information about the case with the other side. It can take many forms, including:
- Interrogatories
- Admissions
- Production of documents
- Depositions
- Subpoenas
Often, the parties have a better understanding of the strengths and weaknesses of their case after discovery has been exchanged, which motivates them to settle the case.
Before Trial
Your case may continue to go through many phases, including additional discovery, pretrial conferences, and motions. Many personal injury cases can take a year or longer to go to trial. You can settle your case before you reach this point.
Before a Verdict
Even if your case results in a trial, you are free to settle your case before the judge or jury reaches a verdict. Sometimes, cases are even settled after a verdict so that neither party has to worry about the outcome of an appeal.
Contact an Experienced Tampa Personal Injury Lawyer for Help Today
If a negligent party injured you, you have the right to seek compensation for the harm you’ve suffered. An experienced Tampa personal injury lawyer can review your case, help you seek a positive resolution, and advise you whether it’s best in your case to settle or go to trial.
Winters & Yonker Personal Injury Lawyers is ready to review your case and help you take action. We can answer your questions such as, “How long does a civil lawsuit take?” and “When can I expect my settlement check?” Contact us today for a free, no-obligation consultation at (813) 223-6200.
