One of the most frequently asked questions we receive at Caruso Law Offices, P.C. is “How long will my personal injury case take?” While we would love to give a simple answer like “three months,” the answer is usually, “It depends.”
Every personal injury case is different, so there’s no average timeline. Some cases can be resolved within a few weeks, while others may take a year or longer. Some of the factors that affect the timeline of a personal injury case include:
The Type of Personal Injury Case
Some cases may present more standard timelines than others, such as car accident cases. Truck accident cases, product liability cases, and medical malpractice cases, in contrast, may present unique legal challenges, which can result in them taking longer. If your case involves complex legal issues or requires an expert witness, you should plan on it taking longer to resolve.
The Severity of Your Injuries
Cases involving more severe injuries often take longer to resolve than those involving minor injuries. There are a couple of reasons for this. First, your personal injury lawyer will likely recommend that you reach maximum medical improvement (MMI) before you try to settle your claim.
This is the point where you have recovered as much as can be expected. Your condition has stabilized. Your lawyer will want you to reach MMI before trying to settle your personal injury claim because they can more easily calculate the value of your claim.
They can reasonably anticipate which additional medical treatments you will require in the future, the costs for your ongoing care and rehabilitation, and how your job might be affected by your injuries. Once you settle your case, you cannot later demand more compensation, so it’s best to know what your damages are so your lawyer can negotiate for fair compensation.
Second, severe injury cases often involve higher settlements or awards. You may be entitled to compensation for:
- Medical expenses
- Ongoing medical treatment
- Permanent impairments and disabilities
- Future medical expenses
- Property damage
- Pain and suffering
- Reduced quality of life
When more damages are involved, insurance companies and defendants may fight back more vigorously because they don’t want to be held responsible for these substantial losses.
Whether Liability Is in Dispute
If multiple parties are involved in a personal injury case or you are being blamed for at least part of the accident, your case may take longer to resolve. Insurance companies may deny your claim, requiring you to file a lawsuit to seek compensation. Even if your lawyer is able to get them to admit liability and agree to a settlement, this might not be possible until insurance companies have conducted extensive investigations.
Willingness to Settle
If the defendant or their insurance company is willing to settle the case, it might settle more quickly. However, if they are unwilling to settle, it may be necessary to file a personal injury lawsuit. Discovery, pre-trial conferences, and motion filing may cause further delays in your case.
Contact Our Personal Injury Lawyers for a Free Consultation
The best way to find out how long your specific case might be is to consult an experienced personal injury lawyer. Schedule a free consultation with Caruso Law Offices by calling (505) 883-5000 or fill out our online contact form.