How Long Do Personal Injury Cases Take to Settle

Everything we do is based on how long it will take to get it done. That’s true for everything from cooking dinner to commuting to work.

For most of our daily activities, we get to control the time it takes to complete the tasks. However, there are some scenarios where we have to wait for a resolution because certain factors are out of our control. That would be the case if you’re involved with a personal injury settlement.

Technically, the clock starts running for a personal injury settlement on the day of the accident.

In Maryland, you have three years to bring an action in the form of a lawsuit. That might seem like plenty of time to get a resolution, but that time can go by fast when there are complications, starting with an insurance carrier doing everything to delay and deny the claim or settlement.

One way to stay on track with your settlement is to start working with an experienced personal injury attorney as soon as possible. You can seek a remedy if you’ve been involved in an accident caused by someone’s negligence. The following are the steps you must take before achieving that settlement.

Case Evaluation

The first step to settling a personal injury claim is understanding what your options are moving forward. That involves having a case evaluation with experienced attorneys like you’ll find at Belsky & Horowitz, LLC.

This is a team of skilled lawyers who are great at assessing the merits of a claim and providing guidance about how long a personal injury case takes to settle.

Investigation

As you formalize your personal injury claim, the accident must be thoroughly investigated.

This begins with analyzing any of the evidence you might have initially gathered, including copies of your police report, medical records, and receipts.

At that point, your newly retained legal team will expand the investigation to find surveillance videos and witness statements and delve into the other motorist’s history. This is especially true in accidents involving commercial trucks.

The result of a comprehensive investigation into an accident will reveal who the at-fault party is.

That’s important because Maryland law applies to contributory negligence to personal injury claims. That means you would not be able to receive 100% of the settlement if you are found to be partially responsible for the accident. Determining liability is one of the factors that could slow down the settlement process.

Evaluating Injuries

While the accident investigation is ongoing, the extent of your injuries also must be evaluated.

The compensation you’re asking for must cover your immediate medical expenses and future costs. For instance, when you file your claim, your arm could still be cast for another four weeks. After that, you might need an additional eight weeks of physical therapy.

Your injuries might also be so severe that you won’t be able to return to your job. If you’re permanently disabled, that also has to be factored into your losses as it will impact your ability to earn a living.

Entering Into Negotiation

Once you’ve established who is at fault and you have the evidence to back up your version of events, you and your attorney will negotiate with the at-fault party’s insurance company.

Those negotiations typically begin with a demand letter sent to the insurer. That letter details the accident, your expenses, and your lost wages.

It is important to remember that an insurance company is only obligated to pay the maximum amount of the policy. For instance, if the at-fault driver has liability insurance for $50,000, that’s all you can receive from the insurance company. You might need to file a personal injury lawsuit if that doesn’t satisfy all your losses.

Settlement Versus Litigation

There might come a point during the negotiation process where you’ll be provided with a settlement offer. If you accept an early settlement, you won’t be able to seek more money if you need it.

That’s why you want to get the number right the first time.  If the settlement offer isn’t satisfactory, your attorney might recommend entering into litigation. That will involve filing a civil complaint.

This could add weeks, months, or possibly years to achieving your final settlement. It all depends on the nature of your claim. The good news is that the investigation and evidence have already been collected.

At this point, you will be at the mercy of the court system to schedule the hearing.

The actual trial could last for a few days or weeks. During that time, your attorneys will continue to negotiate with the insurance company. When they see your resolve, they might realize it is in their best interest to settle the case instead of allowing a jury to decide.

Potential Delays to Your Case

As you proceed with your case, several factors could come into play that might delay your case. Those factors include the following:

• The severity of your injuries
• Multiple at-fault parties
• Disputed liability
• Contributory negligence
• Unwillingness to negotiate
• Court caseload

These are the exact types of delays that the attorneys at Belsky & Horowitz, LLC will anticipate and help you navigate.

If you want a fast settlement, you need to get the right guidance.