A personal injury case can take longer than expected due to various factors influencing the timeline from the initial injury to the final settlement or verdict. Understanding these reasons can help manage expectations and clarify why delays occur in the legal process.
One common question during this period is, “How long does it take to get a settlement check?” The answer depends heavily on the complexity of the case and the jurisdiction involved.
Here are the reasons why your personal injury case takes more time.
Complexity of the Case
The complexity of a personal injury case is a primary factor that can extend its duration. Simple cases, such as minor car accidents or slip and falls with clear liability, may settle within a few months. However, more complex cases involving severe injuries, disputed liability, or multiple parties can take years to resolve.
For example, medical malpractice lawsuits often take between one and three years due to the need for expert testimony and extensive medical records review. Cases involving truck accidents or catastrophic injuries may require lengthy investigations and negotiations before settlement.
Legal Procedures and Discovery
Delays are mostly caused by the legal process itself. The discovery phase, which follows the filing of a claim and lasts anywhere from six months to more than a year, is during which the parties exchange evidence, depose witnesses, and obtain expert opinions.
Discovery is often the longest phase, as it involves detailed fact-finding and can be slowed by uncooperative parties or complex medical documentation. Motions and hearings before trial could extend the schedule by many months, particularly if there are disagreements over the evidence or procedural matters.
Insurance Company Tactics
Insurance companies play a major role in the pace of personal injury cases. They may delay negotiations or dispute claims to minimize payouts, which prolongs settlement discussions.
Insurers often wait for claimants to accept lower offers quickly, but experienced attorneys know the value of patience to secure fair compensation. This strategic delay can frustrate claimants, but it is a common reason why cases take longer than anticipated.
Court Backlogs and Scheduling
If a case proceeds to litigation, court schedules and backlogs can cause significant delays. Courts may be congested, leading to postponed hearings and trial dates. The average civil trial in the U.S. takes about one to two years from filing to resolution, with some cases extending even longer due to court congestion or complexity. This is especially true in larger metropolitan areas where courts handle high caseloads.
Medical Treatment and Recovery
Another critical factor is the duration of medical treatment. Personal injury claims often require the injured party to reach maximum medical improvement (MMI) before settlement negotiations can proceed effectively. This ensures that all injuries and future medical needs are fully documented and accounted for in the claim. If the injury requires ongoing treatment or rehabilitation, the case may be delayed until the prognosis is clear.
Settlement Negotiations and Trial
Negotiations might be drawn out, but over 90% of personal injury claims are settled before trial. Both parties may make multiple settlement offers, and if they are unable to agree, the case goes to trial, which would take a long time. Trials involve preparation, jury selection, and the trial itself, adding months or years to the process.
How Long Does It Take to Get Compensation?
Once a settlement is reached, the question of how long it takes to get a settlement check arises. After agreeing on terms, the parties must sign a release form, and the insurance company processes the payment. Depending on the insurer’s processes and any unpaid liens or medical bills that need to be paid, this could take a few weeks to several months. Before monies are released, some countries may require further judicial permission.
Wrapping It Up
Complexity, lengthy discovery, insurance company strategies, court scheduling, medical recuperation time, and jurisdictional regulations can all contribute to the length of a personal injury lawsuit. When these elements are considered, it becomes clearer why patience and careful legal representation are necessary for just compensation.
