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Timeline To Settle A Personal Injury Claim

Timeline To Settle A Personal Injury ClaimIn life, we are exposed to various injuries that too because of someone else fault. Though, not every accident or injury leads towards successful personal injury case. However, depending upon the number of factors, certain situations arise to a level of a viable legal claim, where an individual has done or failed to do something that caused the accident or the victim’s injuries. Therefore, when a question arises about the circumstances that qualify it for a personal injury case, then it can be defined in the following lines: “a personal injury case arises when an individual endures an injury in such a way that another person will be legally held responsible for it.” In the event of personal injury, an individual can initiate a formalized civil lawsuit against the responsible party. While, in other cases, the claim is filed with an insurance company or the whole lawsuit might be settled with the victim agreeing not to pursue the case in the court, or settlement might also occur at any point before final verdict.

Undeniably, personal injuries have increased in recent times. Besides this, personal injury claims might have some similarities, yet each case is unique and complex according to its situations. Hence, the uniqueness of the case makes it difficult to determine the timeline to settle a personal injury claim without knowing the details. Some claims might settle quickly, while others take several years to settle, depending upon the severity of the personal injury claim.

Therefore, if you are exposed to a personal injury claim, it is wise to contact a personal injury attorney before accepting a personal injury offer from the opposing party or any insurance company. However, expediency is the key driving factor for you; however, insurance companies work on the formula of stopping you from pursuing a legal case in the court and accept an offer. In addition, you will waive your ability to seek additional compensation. This ends up in victims struggling for support even after the settlement has been consumed.

Reason Why Personal Injury Claims Take Time

If you sustain a personal injury then several steps need compliance, if you want full compensation to your injury demands. Unfortunately, insurance companies do not pay more than a policy limit knowing that limit is inadequate. A case in point is that if your injury resulted in $100,000 in medical expenses. However, the opposing party has a policy limit of $50,000. Then, the insurance company will offer a maximum of $50,000 to the victim. However, once the insurer’s liability is met, they are under no obligation to pay more, irrespective of the actual damages you are facing. Hence, establishing liability is one of the job responsibilities of a personal injury lawyer.

Establishing Liability

To establish liability, an investigation is imperative as a personal injury attorney needs to collaborate with a medical professional, accident reconstructionist, and other experts to determine exactly how an accident occurred. Moreover, who is at fault, and what kinds of damages will be expected in the long term. However, the claim settlement process might take several months, yet indispensable to determine the worth of your injury claim. Moreover, personal injury claims include the following heads:

  • Existing and projected medical/rehabilitation costs
  • Existing and estimated future lost wages
  • Home modifications coupled with adaptive technologies, for instance, wheelchair, prosthetics, etc.
  • Costs related to permanent/irreversible consequences that include paralysis or loss of a limb, etc.
  • Other expenses related to your accident or injury


After altogether breaking down the circumstance and starting the examination, a letter of interest will be sent to the opposition party and their insurance agency. Nevertheless, if the insurance agency will not pay or offers a sufficient settlement amount to the victim against the sustained injuries, then a formal objection will be recorded with the court.

Following the recording of a grievance, the disclosure procedure starts. During this procedure, both your lawyer and the plaintiff’s will assemble data for the case through meetings, sharing a piece of evidence, checking on of archives and reports, and other analytical strategies. Hence, this piece of the procedure is fundamental for structure a solid case that can be provable in court. In any case, most cases do not make it to court. Over 90% of individual damage cases are settled before that occurs.

Settlement Negotiations and Mediation

Following the trial stage, your lawyer and the litigant’s lawyer may start settlement arrangements. In the event of non-willingness to pay the amount against the damages, the case will move to the intercession. Moreover, during intercession, the two sides will meet in the court, to exhibit their cases and attempt to arrive at a final arrangement. Almost all close to personal injury damage cases are settled before or during this piece of the procedure. Nevertheless, if your case includes huge harms or if settlement demonstrates inconceivable, the case will go to concerned judicial authorities.

Personal Injury Trials

Contingent upon the calendar of the court, a trial date will be set for a while later on. While the trial itself may take just one to two days; however, it might take longer as there can be advances after a judgment is made, further stretching the measure of time it takes to settle your case. This procedure is completely justified, including extreme damages and huge harms being done to the victim; however, it is not suitable for each personal injury claim. This is only one of a few drives to ensure you are working with a personal injury attorney who genuinely has your eventual benefits as a top priority.


Therefore, if you have suffered from a personal injury accident, it is wise to contact an accomplished lawyer that bring years of experience into your case. Besides that, who is willing to do everything in his/her power to strengthen your case by building a strong defense, and by providing a significant piece of evidence in the court. Precisely, it will help you receive suitable financial compensation against the injuries sustained in the accident.

Michael Lee, Esq.

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