The circumstances of every personal injury case are different, which makes it difficult to predict exactly how long it will take to resolve yours. The timeline often hinges on how the opposing party responds to your claim. For instance, if an insurance company disputes the severity of your injuries, it may prolong the settlement process significantly.
Nonetheless, there are certain factors that a personal injury attorney in Virginia Beach can use to give you an estimate of a general timeline for your case. If liability is clear, a settlement might be reached in a matter of weeks or months. For cases involving severe or catastrophic injuries, more time (potentially a year or even longer) is usually needed.
It can be very frustrating to wait for a settlement. However, this wait often proves worthwhile if you want to receive the compensation necessary for your recovery. Your attorney can keep you informed throughout the entire process, and explain what happens after deposition in a personal injury case.
Typical Personal Injury Timeline
Here are steps to keep in mind if you experience an injury:
Get Medical Treatment
Even if you believe your injuries are not severe, consult a doctor as soon as possible. This ensures proper diagnosis and treatment and establishes a connection between your injuries and the accident.
Retain a Personal Injury Attorney
Find a reputable lawyer to represent you and ask what percentage lawyers take for personal injury cases. An insurance adjuster may have already approached you, but it is essential not to communicate with anyone or sign any documents until you have consulted with an attorney.
Investigation
Once you have legal representation, your attorney will start their own investigation into your case. This may involve visiting the accident scene, obtaining police reports, interviewing witnesses, and reviewing medical records. Simultaneously, your attorney will research relevant case law to build your case. This could take several weeks or even a few months.
Demand Letter and Negotiation
Most personal injury cases are settled without initiating a lawsuit. After completing the investigation, your attorney will send a demand letter to the insurance company and start the negotiation process. This phase can last from a few weeks to several months.
Filing a Lawsuit
If the insurance company doesn’t make a fair offer to compensate for your injuries, your lawyer may recommend filing a lawsuit. A lawsuit typically extends the timeline considerably, especially if the case proceeds to trial.
Factors Affecting the Length of a Lawsuit
Here are some elements that can impact how long it takes to resolve your lawsuit:
Severity of Injuries
The most significant factor in nearly every personal injury case is the nature and extent of your injuries. If your injuries are relatively minor, a settlement should be reached quickly. If you have sustained severe injuries requiring extensive treatment or that caused a disability, your case is likely to take considerably more time.
Duration of the Investigation
Once your attorney has enough information about your case, they will conduct their own investigation. This comprehensive review can take a significant amount of time because it may involve consulting experts and gathering reports, interviewing witnesses, and other actions to bolster your case.
Complexity of Your Case
Personal injury cases range from minor incidents to catastrophic accidents with multiple fatalities. If liability is undisputed and injuries are minor, the case is likely to settle quickly. However, complex cases with ongoing medical care and disputed facts will take longer to resolve.
Devote the Time Your Case Deserves
Make sure to consult with an attorney from Coastal Virginia Law shortly after the accident. You want to make sure your case is filed within the timeframe imposed by the state statute of limitations and you don’t lose your right to make a claim.
While settling is usually in both parties’ best interests, this process can still span several months, usually with several offers and counteroffers. If reasonable offers aren’t made, your attorney may proceed with filing a lawsuit. The time before you go to court will depend on the court’s schedule.
