How long does a personal injury settlement take? A personal injury settlement can take anywhere from a few months to several years. Factors such as case complexity can affect that timeline.
A skilled Charlottesville personal injury lawyer can work with you to get through the process as quickly as possible while ensuring all legal protocols are adhered to.
Injury Severity Can Affect the Timeline
When considering how long a personal injury settlement is going to take, a key determinant is the severity of your injuries. A milder injury, such as a broken bone, that typically has a shorter healing time, may take less time than something like a traumatic brain injury.
If your injury is severe, your attorney may want to wait some time before settling. This allows your medical team to have a more accurate picture of how long your injury will take to heal, and if it will heal completely or if you will have a permanent disability. Waiting is not easy, but sometimes it is necessary to ensure you get the highest compensation for your case.
Injuries that cause long-term disability or severe disfigurement may qualify for more forms of damages than just medical bill reimbursement, so time must be taken to see if you may be eligible for additional compensation, such as loss of earning potential if your injuries cause permanent damage.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Determining Liability Is Key in Your Personal Injury Case
Before you can recover any damages, your lawyer must first determine who is liable. Virginia adheres to a strict pure contributory negligence rule (Virginia Code § 8.01-58). This means that if you are found to be even 1% liable for your accident, you are not entitled to any compensation.
In some personal injury cases, there is more than one at-fault party. For example, in a multi-car accident, both a speeding driver could be liable along with the city for poorly maintained roads. If your case has multiple liable parties, it could extend how long your personal injury settlement takes.
Ensuring that you have ample evidence, including medical records, witness statements, photographs, and video if available, and written documentation, can help strengthen your case. Working with a qualified attorney can help you get the maximum payout, along with reducing your personal injury claim timeline.
Working With an Attorney May Speed Up the Process
An attorney’s job is to fully understand the scope in which they practice. This is one of the many reasons you should retain a personal injury lawyer. There are many ways they can help reduce how long your personal injury settlement takes.
Faster Evidence Gathering
An experienced legal team understands the importance of quickly gathering evidence and has mastered how to do so effectively and efficiently. Evidence degrades over time, memories fade, and witnesses can disappear. The quicker the evidence is gathered, the better for your case.
Pressure On Insurers
Insurers often delay communication, respond slowly, and make low-ball offers. These are common tactics used to make you impatient and settle for an offer lower than you deserve. Your attorney knows how to put pressure on insurance companies so they cannot use these tactics.
Organized Demand Packages
If you choose the best personal injury lawyer, they will have experience with putting together demand packages. A demand package includes a letter requesting the type of compensation the victim would like, along with a compilation of medical records, witness statements, and other evidence to encourage the defendant to settle rather than go to court.
Strategic Negotiation Timing
A skilled attorney knows when to start negotiation discussions and when to hold off. In many personal injury cases, timing is everything, and beginning negotiation talks too early or too late can affect how long it takes to settle your personal injury case.
While it is not possible to guarantee exactly how long your case will take, your attorney will work to ensure your case is settled quickly, without losing out on compensation that you are entitled to.
You Can Help Your Case Close Faster
While you are recovering, your main priority should be healing both physically and mentally. There are steps you can take to help your case settle more quickly and for a higher amount. This starts by communicating with your attorney.
If you are pursuing a personal injury claim, you must be honest with your attorney and give them as much detail about what happened as possible. This allows them to build your case and avoid any surprises down the road.
Listening to your attorney’s direction when it comes to seeking medical care, giving statements, and speaking to insurance companies is essential to reducing how long it takes to settle your personal injury case. What may seem like an innocent conversation with an insurance adjuster can derail your case and take some time to get back on track.
Going to Court Significantly Extends How Long It Takes to Settle Your Personal Injury Case
As you can imagine, going to trial can exponentially increase the amount of time it takes before your case finally closes. As a result, both sides tend to prefer settling outside of court. However, if a reasonable agreement can’t be reached, going before a judge may be the best option.
If a case goes to court, your attorney will begin by filing a lawsuit, including all necessary paperwork and documentation. Then the case will proceed to discovery, initiate depositions, and will eventually end up in front of a judge and jury who will then reach a verdict.
While this may add time to how long it takes before your personal injury case is settled, it can be a viable option if a fair deal cannot be otherwise reached. For this pathway to be practical, your attorney will work to ensure you have an exceptionally strong case.
Click to contact personal injury lawyers today
MartinWren P.C. Knows Personal Injury and Is Here to Help You
At MartinWren P.C., we have decades of experience helping our clients navigate the legal system efficiently and effectively, securing the highest possible compensation for their injuries. We are here and ready to help you do the same. If you have been injured, call to schedule your no-cost, no-obligation consultation today.
Call (434) 817-3100 or complete a Case Evaluation form
