If you’re considering filing a personal injury claim, one of the questions you’re asking yourself is how long it will take to resolve the case. Unfortunately, this question has no definite answer because many factors can impact how long a personal injury claim can last. Each personal injury claim is unique. Some may be resolved swiftly, while others may drag on for years. Several factors can influence how long a personal injury case lasts. In this article, we examine these factors. So, without wasting more time, let’s explore them.
1. The type of personal injury case
There are various types of personal injury claims, including car accident, product liability, premises liability, medical malpractice, etc. The time required to settle the issues varies depending on the several factors involving a personal injury. Some aspects of personal injury claims necessitate demonstrating negligence, a breach of the duty of care, or contract violations that harm a customer or client. The amount of time the personal injury lawyer from Vogel LLP may need to prove the matter depends on the many aspects of the case.
2. Complications of the case
Some issues may develop in a personal injury case that may make things challenging to continue and prove the claim. For instance, it could be difficult to prove that negligence occurred or there were flaws with a certain product. If this happens, an expert may be consulted in the legal procedure to clarify any misunderstanding about the complicated subject matter. In this kind of litigation, an electronic, forensic, or accounting expert witness may be called upon if the personal injury resulted in financial losses. Of course, this can make the personal injury case drag on longer.
3. The severity of the injuries
Severe injuries can cause the case to be prolonged. That’s because severe injury may lead to:
- Prolonged recovery period
- Persistent or permanent impairments
- Outrageously high medical costs
The victim’s medical costs are the most significant form of settlement obtained in a personal injury claim. The victim can still receive medical attention even when the statute of limitations is about to expire. A personal injury lawyer must file the claim in court even if the victim doesn’t know the sum of their medical expenditures because claims can be quickly dismissed if filed after the statute of limitations has passed.
When this happens, the lawyer will demand payment for the costs that have been paid, as well as expected future medical expenses. Convincing defenders to contribute to the victim’s future medical expenses can be quite difficult, and this may cause the settlement to be delayed and the case to be prolonged.
4. The victim’s willingness to settle the case
Another factor that might determine how long a personal injury case lasts is the willingness of the victim to settle the claim. If the victim is willing to accept a lesser compensation offer instead of hanging out for more money, this can speed up the case.
There are plenty of victims who are often ready to take less settlement just to get over and done with the claim, even though it may leave the victim in agony and under-compensated.