Personal injury cases provide necessary compensation to injured victims. After a car wreck or pedestrian accident, victims usually have sky-high bills. The cost of medical care has surged over the past 10 years, so even one trip to the hospital can cost several thousands of dollars. If your injuries are painful, you might not work for months, which can make paying other bills impossible. Our clients need compensation, so they often ask how long they need to wait.
The unfortunate answer is “it depends on the facts.” At Moffitt Law, LLC, we have settled some cases in a few months, while others might take a year or longer. Our LaGrange personal injury lawyer looks at some of the factors that determine how long your case will take.
How Long Do Personal Injury Cases Take to Settle?
In our experience, most cases can settle in six months, but some take longer. Here are some important considerations.
1. When You Reach Maximum Medical Improvement
We might not immediately start negotiating a settlement until we have a better idea of how much the accident has cost you. For example, you could have suffered a serious spinal column injury, leaving you hospitalized. We can request compensation for past and future medical bills, but we might hold off on negotiation until we have a better idea of the full cost of your care.
By contrast, someone who suffered mild whiplash might be fully healed in four months. We can start negotiating sooner because we know the full extent of their losses.
2. Disputes Over Fault for the Accident
A person only owes you compensation if they are at least partially at fault for an accident. Suppose you ran a red light and crashed into a car that was legally in the intersection. You might have suffered a serious brain injury, but you are at fault for running the red light. You can’t force the defendant to pay you anything when you are mostly to blame.
Some accidents are not black and white. Each side might believe the other side is at fault, so we need to comb through a large amount of evidence. Disputes over fault require more time to negotiate.
3. Disagreement Over Your Damages
Negotiations often hit a snag over the amount the defendant will pay our client. This is often the major sticking point. We usually demand a high amount because that gives us room to come down while negotiating. But some defendants refuse to offer fair compensation, and are only willing to offer a few thousand dollars for significant injuries.
Sometimes the disagreement is over the cost of your medical care, but some disputes involve calculating the value of your pain and mental anguish. We always believe these non-economic damages are substantial, and we will hold out for meaningful compensation.
How Long Do Injury Claims Take to Settle When There Are No Witnesses?
A case might take longer when there are no third-party witnesses. In those cases, it’s common for the defendant to blame the injured victim for the accident. This is one of those situations where negotiating can take longer. We will try to recreate the accident using other evidence, such as any surveillance video or physical evidence.
What if a Georgia Personal Injury Case Cannot Settle?
We usually settle 9 out of 10 cases. But sometimes we simply cannot find common ground with a defendant and their insurance company.
We might have no choice but to litigate your claim to a jury trial. Of course, we usually file a lawsuit to protect our client’s rights. The statute of limitations in Georgia is two years. (Georgia Code § 9-3-33.) We file even when we think negotiations will be successful, simply out of a desire to protect your rights.
When settlement negotiations break down, we can continue with litigation. That would mean depositions, where you answer questions under oath, and ultimately presenting a case in court. A jury will decide who is liable for the accident and how much your case is worth. Litigating all the way to trial might take up to two years, possibly longer.
Speak with a LaGrange Personal Injury Attorney in a Free Consultation
Moffitt Law, LLC, provides free consultations to anyone injured in a common accident in the 30240 zip code. Contact our firm today at 762-200-2924. We can offer an overview of the claims process. We can answer any questions, including “how long does a personal injury lawsuit take to settle?” A free consultation with a LaGrange personal injury lawyer is free of charge.
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