I often hear, how long will my case take? There is no way to accurately predict how long your personal injury case will take to be resolved. However, there are factors that may help estimate the length of your case. Keep in mind that every case is different and that you are more likely than not, dealing with an insurance company on the other side. Delay is a common tactic used by insurance companies.
You have the right to settle your case at any time, provided the other side is willing to negotiate. You should understand that settling early isn’t always best and may mean that you take less than your case is worth.
Why does a personal injury case take so long?
Here's the deal.
It is not uncommon for a personal injury case to take two or more years to be resolved. There are a number of reasons why this may be the case. For example:
- There may be problems with your case
- Your case may involve a lot of money, a large number of parties, or a complicated issue
- You may not have completed treatment
These complicating factors may increase the duration of your case and settling early could be costly.
The delay may be caused by problems in the case.
Problems in the case can include questions about who is at fault. Whether the at-fault party has immunity or limited liability under the law may be a legal issue that delays the case. Another issue may be whether or how much you contributed to your injuries or took action to make your injuries worse. There may also be issues with your damage model, just how badly have you been hurt.
If liability is at issue, meaning there is either a question about who is at fault or the at-fault party as a viable defense, the insurance company will likely require more evidence from the plaintiff. This will prolong the discovery process and make the case more expensive as more expert work will be required. This also makes the case takes longer.
If your damages are not quite clear, that can also delay the case. Your injuries must be linked to the neglect. If your doctor is unsure about the connection or unaware of facts necessary to make the connection, this could also delay the case.
Have you finished treating? If not, this could delay the case.
The cost of your medical care is an element of your damages. If your injuries are not permanent and can be treated, you will want to finish treatment before settling. You want to get to a point where you and your physician agree that you are as good as your going to get. Once at the point of maximum medical improvement, your attorney has a better idea of the value of your damages. Read more about How much is my personal injury case worth?
How much should I take to settle my personal injury case?
There is no hard and fast rule on how much your case is worth or how much you should take. This is a discussion best had with your attorney after you fully evaluated the strengths and weaknesses of your case. If you have been involved in a personal injury accident or been harmed by the neglect of another, contact an experienced Houston, personal injury attorney. Contact Chelsie King Garza for a free consultation today.