If you’ve been involved in an auto accident, gotten injured at work or even tripped and injured yourself due to someone else’s negligence, you may be considering filing a personal injury claim or lawsuit. Over 700,000 personal injury claims are filed in the U.S. every year, amounting to billions of dollars in settlement awards and compensation benefits for injured claimants.
Most personal injury claims in the U.S. are as a result of auto accidents, public liability, work-related injuries, medical malpractices and product liability. If you’re considering filing a personal injury claim, you have most likely asked yourself how long it takes to settle a personal injury claim in California. While it’s virtually impossible to predict exactly how long it can take to resolve a personal injury claim, there are a few things you should know about settling injury claims.
Here’s what you should know from an expert personal injury lawyer’s perspective:
What to Consider Before You File a Personal Injury Claim
Filing a personal injury claim or lawsuit can be a complex legal process, and getting the settlement or compensation you deserve can even be more complex. Personal injury claims vary in many ways depending on the type of accident and the injuries sustained. Injuries can be wide ranging, from broken limbs, back injuries, head injuries, neck injuries, disability and other complications. If you have sustained fatal injuries and are considering filing a personal injury claim, there are two main issues to consider before filing your claim:
- Liability – Who’s to blame for the fatal accident and personal injuries you sustained?
- Medical evidence – How can you prove the accident was what caused your injuries and also identify the damages that the injuries have caused you?
Understanding these two issues is key to understanding the process of how long it takes to settle a personal injury claim. Consulting an experienced personal injury lawyer is crucial.
Understanding the Personal Injury Claim Process
Before you even think of filing a claim to get compensation, you (the claimant) have to prove that the accident you were involved in, caused the injuries. This can be done by obtaining an accurate medical report. However, in most cases, depending on the type of injuries you sustained, you may have to obtain multiple reports, or even undergo various treatment procedures such as physiotherapy before you even see a medical expert.
A medical expert will give a detailed opinion on the injuries suffered, the extent of the injuries, treatment and recovery process as well as any future prognosis. Your personal injury lawyer is unlikely to offer you any advice on settling your injury claim until you have a complete medical prognosis in place or have fully recovered from the injuries. The prognosis comes is provided as a report from an qualified independent medical evaluation expert, confirming the extent of injuries sustained, your recovery process and how likely your injuries will affect you in the future.
Waiting until you have sufficient medical evidence to support and prove your claim is critical, because once a settlement is made, no further compensation can be paid in relation to your claim. Settling your claim before your medical prognosis is completed or before you have fully recovered will likely result in under-settling of your claim. Your lawyer will use the final medical report to determine the total damages and how much your claim is worth.
Personal Injury Claim Complexity
The more complex or severe your injuries are, the longer it may take to gather sufficient medical expert evidence. This will inevitably extend the time frame for settlement or compensation of your claim. The defendant (the person or party responsible for the accident or injuries) may also opt to hire their own qualified medical experts of similar expertise to provide objective opinion on your personal injuries as well as their own personal injury lawyers to counter your claim. The complexity of a case largely determines how long it may take to settle a personal injury claim.
As severe injury cases take time to be resolved and settled, it’s common practice to request interim payments to take care of things like lost income from the defendant while the case is being resolved. The aim of these payments is to help injured victims who may be suffering financially due to off-work time. The interim payment is made as an advance payment on your damages and therefore deducted from your final compensation award at the end of your case.
Ultimately, it’s important to understand that there is no specific regulation or law that states how long a compensation or settlement claim will take to settle. Each personal injury claim is different, and whether your settlement takes several weeks, months or even a couple of years to be resolved, largely depends on the extent of your injuries, the amount of time you’re expected to recover and whether or not liability for the accident or injuries is being disputed.
Liability Issues in Your Case
If there are any liability issues in your personal injury case, such as the defendant denying responsibility or liability for the accident or injuries, then there will be legal arguments between the various legal representatives. As part of the investigations to prove liability in your personal injury case, documents will be reviewed, CCTV footage reviewed, witness statements collected and accident experts consulted. Depending on the strength of the evidence collected and the complexity of the claim, liability discussions can take quite some time to be fully resolved and agreed upon, further lengthening the amount of time it takes to settle your personal injury claim.
Settlement Negotiations
Once there is conclusive medical evidence to support your claim and special damages, including medical costs, financial expenses, travel expenses and loss of earnings, etc., your lawyer can now start settlement negotiations. It’s important to note that different states have different statutes of limitations for filing claims. For personal injury claims, the standard limit is 3 years, meaning you have up to three years from the day of the accident to file a lawsuit in court. So, how long does it really take to settle a personal injury claim?
As mentioned above, a settlement can take anywhere from two weeks to a couple of years. What you really need to do when filing a personal injury claim or lawsuit is to inform your lawyer whether you want a quick settlement, a medium-length settlement or the very best settlement you can get. This will form the basis for the settlement negotiations. However, keep in mind that working with a lawyer who’s committed to getting you the best settlement possible, even if it means going to trial, and they should be ready to, is the best option for your case.
Work with the Right Experts
Unfortunately, there are no hard rules about how long settlements in personal injury claims should take. So, whether you decide to settle for short money or are willing to wait longer for a bigger settlement, what matters most is working with a dedicated team of experts including your lawyer and IME experts who can conduct independent and objective medical evaluations needed to support your claim. Your lawyer will advise you on the settlement process.
Arrowhead Evaluation Services offers professional IME services in California to lawyers to help answer complex questions related to personal injury, workers compensation and other liability claims. If you need a thorough review of a claimant’s medical condition and a credible and impartial IME report to support a personal injury claim, contact AES today.