How Long Does a Personal Injury Lawsuit Take?
Anyone considering filing a personal injury lawsuit is likely wondering what is involved and how long the process will take. Suffering a severe injury or death in the family can be overwhelming, with months of grief, physical recovery, expensive medical bills, and arguments with the insurance companies. A lawsuit may make you feel like your time handling a personal injury will be prolonged.
Every case is unique, but in general, lawsuits can take 6 to 18 months to resolve after the client has retained legal counsel. This can depend on the complexity of the legal issues and the length of necessary medical treatments. A dedicated personal injury attorney at Parker, Pallett, Slezak & Russell, LLC can help you understand the legal process, be a shield between you and the insurance company, investigate your case, and handle legal and bureaucratic issues.
Personal Injury Lawsuits
When someone is injured due to another party’s negligence, a personal injury claim or lawsuit can be filed to hold the responsible party liable for the injuries and damages. The personal injury attorney must be able to prove the liable party caused damages as a result of negligence or intentional behavior. The following elements are involved in a personal injury case:
Negligence is defined as “the failure to use reasonable care, resulting in serious injury or damage to another person.” Negligence also means a reasonable person would have acted differently under similar circumstances. Depending on the case’s specifics, negligence for certain injuries may be different from one case to another.
Negligence may be defined by the common law (court case laws) or by other regulations. For instance, if a homeowner leaves garden tools in the open and someone steps on them, the homeowner is not deliberately trying to injure them. However, if a commercial property owner refuses to fix a hazardous condition, such as unstable railings, they may be liable for a more severe personal injury claim and face municipal ordinances violations.
The injured party and their experienced personal injury lawyer must prove that the defendant’s negligence caused their injuries. In most personal injury cases, causation is obvious, such as in cases of sudden or acute trauma. The insurance company is not likely to argue that a broken leg from a car accident was a pre-existing condition.
In other situations, causation is harder to prove and is contested. If you have experienced dizziness, backaches, or migraines after being rear-ended, the insurance company does not have to admit you are injured even if they admit fault. Insurance companies might claim that the symptoms you are experiencing are caused by other factors such as your job, age, or pre-existing conditions.
Serious Injuries and Damages
Personal injury law focuses on injuries that occur from negligence. Your experienced personal injury attorney must prove the severity of your injuries, including pain and suffering. Oftentimes, personal injury claims can be proven through medical records, showing the treatment needed and the extent of the injuries.
In many situations, injury victims do not notice pain for several hours or days following the accident. Our personal injury lawyers encourage clients to seek proper medical treatment as soon as possible to better prove that the injuries they are suffering from are directly related to the accident. Waiting too long after an accident to seek medical care gives the insurance company the ability to argue reasonable doubt.
Personal Injury Lawsuit Timeline
Despite each personal injury case being different, there are phases that each case will go through. The duration of these phases can vary. Your lawyer can give you a more accurate timeframe with consideration of the details in your injury claim:
- Immediate aftermath. The steps you take following a severe injury can significantly impact the validity of your claim. Document the seriousness of your injuries by seeking immediate medical attention.
- Attorney and investigation. A dedicated personal injury attorney with PPS&R can deal with the insurance companies on your behalf, help you navigate the confusing legal system, investigate the evidence, and seek the highest financial compensation available.
- Claim and discovery. Once your claim is filed, discovery can take several months.
- Negation or personal injury trial. Parties generally attempt negotiation to avoid trial. If a personal injury settlement cannot be reached, you may have to take the case to court for a verdict.
Contact Our Personal Injury Attorneys at Parker, Pallett, Slezak & Russell, LLC Today
You deserve full compensation and justice if you have been injured due to another person’s negligence. Contact Parker, Pallett, Slezak & Russell, LLC for a free consultation using our secure online form.