Every accident involves a unique set of circumstances, and likely presents different issues to be resolved. As a result, depending on the complexities involved, some cases will be settled more quickly than others. However, with a majority of personal injury cases, it is not uncommon for proceedings to take anywhere from one to three years, or more, to resolve. It is understandable for those who experience a lengthier process to encounter moments of frustration, but it is extremely important not to rush any decision-making and agree on the first settlement offer made by the insurance company. Typically, the first settlement offered is rarely the best. When combined together, the multiple facets of a personal injury claim help to explain why such cases can be unexpectedly time-consuming, requiring more patience than originally anticipated. The following is a brief overview suggesting why the aforementioned is generally in fact the case:
Evaluating the Injury. Depending on the nature of injuries sustained with a personal injury claim, it may take more time than anticipated to determine the full extent of injuries resulting from an accident. Generally speaking, until a patient’s medical condition has stabilized, doctors are often unable to give opinions about the seriousness of an injury. In cases where serious injuries are involved, it may even take a year or more after the accident before a doctor can confirm the extent of the injuries, and whether or not they are permanent. Regarding long-term care and full recovery, it is crucial to take the necessary amount of time to thoroughly evaluate all injuries incurred. With personal injury claims, there will only be one opportunity to prove the nature and extent to of harm sustained. Once a settlement offer is agreed upon, or a verdict is delivered at trial, no backtracking is allowed, the decision is final.
Patience with the Process. If you have wisely chosen an experienced personal injury attorney to handle your case, he or she will know how to keep it moving along through the legal system. In the initial stages of your case, attorneys for all parties involved usually meet to discuss scheduling and to set deadlines for various stages throughout the process. Typically, a personal injury case will include these steps:
- Discovery. The period for discovery usually lasts for at least six months or more. This time allows each side to discover everything they can about the other party’s case.
- Depositions. During a deposition, you’ll be asked to answer questions about the case under oath, while a court reporter records everything that is stated during questioning.
- Pre-Trial Motions. It is not uncommon for attorneys on either side to file various motions to narrow the issues presented at trial. For example, motions can be made to object to the admission of specific evidence, or to ask that the case be dismissed if there is not enough evidence to support the claim.
- Mediation and Settlement. Oftentimes, before trial is commenced, mediation, settlement conferences, or arbitration may be required. In mediation, a neutral mediator reviews and examines the issues and evidence with both the parties in an effort to guide them towards a settlement agreement. With arbitration, an arbitrator takes on the role of a judge, listens to the evidence presented, and decides the issues in the case.
- Trial. If a case is unable to establish resolution out of court, it goes to trial where a jury decides the amount of damages based on the issues and evidence presented in court. It can take up to six months or so to get a trial date scheduled on the court’s docket. The trial itself may take anywhere from two days to two weeks, and longer. Once a verdict has been reached, there may be further appeals and motions made by attorney’s for both parties.
The Waiting Game. As mentioned previously, you will have greater bargaining power with an insurance company if you do not rush into a settlement agreement. On the other hand, it is also important to consider the expense and time litigation incurs. You may also run the risk of taking a chance with a jury that may or may not favor your case. All things considered, your best strategy when pursuing a personal injury claim is to contact an experienced attorney in your area that will be able to provide you with an estimate regarding the length of time it may take to successfully resolve your case.
If you are involved in a Missouri personal injury claim and seeking legal advice, contact the law firm of Hubbard & Kurtz at (816) 472-HOPE (4673). Our experienced staff of attorneys will assist you with any legal questions or concerns you have that are associated with an auto accident claim.