From car accidents and slips and falls to medical malpractice and more, personal injury cases are some of the most commonly filed lawsuits in the country. The good news is that in the state of Pennsylvania, victims of personal injuries due to someone else’s negligence have the right to seek compensation for any damages, but that still leaves the question of just how long does a personal injury lawsuit take?
Personal injury cases can be complex, so unfortunately, there is no straightforward answer to this question. While some personal injury claims may only take a few months to settle, others can drag on for years. It all depends on the specific details of your case, including the type of accident you suffered, how much evidence you have to support your claims, the amount of time that has passed since the accident, the third party’s willingness to admit fault, and more.
Every personal injury case is different, and while you can’t predict how long a personal injury claim will take, the one thing you can count on is that this isn’t something that will resolve itself overnight.
If you are the victim of a personal injury, the best thing you can do to get a general estimate of how long your particular personal injury case will take to settle is to contact an experienced lawyer. While they won’t be able to give you an exact timeframe, chances are that the legal professional you choose will have plenty of experience dealing with these kinds of cases and will be able to give you a rough idea once they evaluate your case.
The Personal Injury Lawsuit Process
While no 2 personal injury cases are exactly the same, they all follow a similar process. Understanding these steps can go a long way to helping you get a better idea of how long a personal injury lawsuit may take.
If you’re the victim of a personal injury, here is everything you need to know about each step of the process, including which ones are most likely to extend the time it takes to reach a settlement.
Discovering the Injury and Filing the Claim
The first step of the personal injury lawsuit process is, of course, discovering the injury. In the case of car accidents or slips and falls, this will most likely be immediate, but there are some instances, including medical malpractice, where it may take days or even weeks to realize that something is wrong.
Once you realize that you are the victim of a personal injury, it’s time to contact a personal injury lawyer to help you file the lawsuit. Your lawyer will review your claims, and if they determine that you have a valid case, they will prepare all the necessary paperwork to file the lawsuit.
The Investigation Phase
The next step of the process is the investigation or discovery phase. During this phase, both parties will review the claims of the case and search for evidence that supports their claims. This could include gathering physical evidence, text or email conversations, as well as witness testimonials.
This part of the process is easily one of the most important, as the amount and quality of evidence that you can provide will largely determine whether or not you are able to win your case.
Settlement Negotiation
Once you’ve gathered all your evidence, the case will move on to settlement negotiations, most often through mediation. During this step, both parties will present their evidence to a neutral third-party mediator. This mediator will review all of this evidence and attempt to come up with a fair and just settlement that both parties can agree to outside of court.
The vast majority of personal injury lawsuits are settled in mediation, so it’s likely that this could be the last step of your personal injury lawsuit journey. That being said, this step also tends to take up a lot of time, and depending on both party’s willingness to settle, this step could drastically increase the amount of time the personal injury lawsuit takes.
Trial
If both parties are unable to come to an agreement in mediation, then the case will likely move on to a trial in court, which can drag the process out even longer.
This trial will work similarly to mediation, but there are some differences. Instead of both parties presenting evidence to a mediator, they’ll present their evidence to a judge or jury who will consider it all and come to a final settlement decision.
The important thing to remember here is that whatever the judge or jury decides is final. This means that if you or your lawyer aren’t convinced that you’ll be better off going to court, it’s probably better to settle in mediation, even if the agreement doesn’t meet all your settlement goals.
Contact HoeyLegal Today
Are you the recent victim of a personal injury? Are you looking for an experienced lawyer that you can trust to get you the compensation you deserve? Give HoeyLegal a call.
Our team here at HoeyLegal is proud to be the leading personal injury law firm in Chester County, specializing in everything from car accidents and slip and falls to medical malpractice, wrongful death, and more. Our team is always here to answer your questions, and we’ll happily tell you more about how we can help you win your case. We’ll even offer you a free consultation so that you can get the legal advice you need upfront without ever having to worry about footing the bill.
Here at HoeyLegal, we understand just how stressful and scary dealing with a personal injury is, but you don’t have to go through such hard times alone. We’re always here to be your trusted advocate that you can count on to fight for you until the very end.
Don’t take on your personal injury case alone. Call HoeyLegal and get the expert legal representation you need to win your personal injury case today!