If you’ve sustained injuries in an accident someone else caused, you may wonder how long your personal injury claim might take. It’s a natural question to have when you have medical bills piling up and you can’t work due to your injuries. While every Lancaster personal injury case is different, knowing the steps in the process can help you gauge how long your case might take. Here’s a typical personal injury claim timeline:
Step 1: Hiring an Attorney
The first step when filing a personal injury claim is hiring an attorney. Your attorney will evaluate your case, explain your rights, and guide you through the claims process. To make your recovery easier, your personal injury lawyer will handle the legal paperwork, communicate with insurance companies, and gather initial evidence to build a strong foundation for your case. This step is critical because insurance companies often try to settle claims for less than you deserve.
Hiring an attorney usually happens soon after an accident and typically takes just a few days to finalize. Acting quickly is essential to protect evidence and meet important deadlines.
Step 2: Investigating
Once you hire an attorney, they will begin investigating your case. This involves gathering evidence such as police reports, photos, medical records, and witness statements. In more complex cases, your attorney may consult with experts, such as accident reconstruction specialists or medical professionals, to strengthen your claim. The investigation helps establish the facts to determine who is responsible for your injuries.
This phase can take weeks to months, depending on the complexity of the case and availability of evidence. However, it’s vital not to rush the accident investigation, as the information gathered during this step forms the backbone of your case.
Step 3: Completing Medical Treatment
You should complete your medical treatment before settling your claim. This allows you to fully understand your injuries and any long-term effects. Your doctor will document your recovery, which provides crucial evidence for your case. The extent of your medical records and bills will also help determine the compensation you need for current and future medical expenses. Your attorney will coordinate with your medical providers to ensure your current care and future needs are properly documented.
Depending on your injuries, completing medical treatment can take weeks, months, or longer. Rushing this step could lead to accepting less compensation than you need for future care.
Step 4: Filing a Claim
Once you complete your treatment or have sufficiently documented your injuries, your attorney will file a claim with the at-fault party’s insurance company. Your claim outlines the losses you’ve suffered, including your medical bills, lost wages, and pain and suffering. This step is a vital milestone in your personal injury claim, as it signals to the insurance company that you are seeking fair compensation for your losses. It also sets the stage for negotiations and potential settlement discussions.
Preparing and submitting a claim usually takes a few weeks. After filing, the insurance company reviews the information, which could take weeks or months, depending on the case’s complexity.
Step 5: Negotiating
Settlement negotiations begin after the insurance company reviews your claim. Your attorney will handle discussions with the insurer to seek a fair deal. During this process, your attorney may provide additional documentation or counterarguments to push back against low settlement offers. This step is critical because most personal injury cases conclude without going to trial.
Negotiations can take several weeks or even months, depending on the complexity of your injuries, the extent of your losses, and the insurer’s willingness to settle.
Step 6: Filing a Lawsuit
If negotiations don’t result in a fair settlement agreement, your attorney may file a personal injury lawsuit. This formal action begins the litigation process and often motivates the insurance company to make a better offer. Filing a lawsuit involves preparing legal documents, drafting a complaint, and presenting your case to a court. This step also includes discovery, where both sides exchange evidence and take depositions. Depositions are informal sessions where you or other parties in the case answer questions under oath. Filing a lawsuit does not guarantee going to trial, as most personal injury cases settle before reaching the courtroom.
It typically takes a few weeks to file a lawsuit. However, the case may take months or even years to resolve, depending on the court’s schedule and other factors.
Step 7: Going to Trial
If your case doesn’t settle, it may proceed to trial. During the trial, your attorney will present evidence, call witnesses, and argue your case before a judge or jury. The other side will also present their defense, making this step a crucial point in your claim. Trials sometimes let you seek greater compensation than a settlement, but they also involve risks, as the outcome isn’t guaranteed.
The trial process can last a few days to several weeks, depending on the case’s complexity. While going to trial can be time-consuming, it’s sometimes necessary to secure fair compensation.
Step 8: Obtaining a Verdict or Settlement
The final step in the personal injury claim process is either a trial verdict or a negotiated settlement. If your case goes to trial, the judge or jury will decide the outcome and may award you compensation. If you settle before trial, you’ll receive an agreed-upon payment from the insurance company. Personal injury settlements and awards typically include compensation for medical expenses, lost income, pain and suffering, and more.
Depending on whether your case settles or goes to trial, this step can take weeks or months after the trial concludes. In either case, your attorney will help ensure that the settlement terms or verdict are enforced so you receive the compensation you’re owed.
How Long Does the Personal Injury Claim Process Take?
Every South Carolina personal injury case is different, so there’s no way to say how long yours might take. If you have strong evidence and can avoid unnecessary delays, your claim might conclude within a few months. On the other hand, it might take several months or years to resolve your case if you have severe injuries, there are disputes over fault, or your case goes to trial. Regardless of how long your case takes, stay patient and trust your attorney to guard your interests.
How Can You Speed Up the Personal Injury Case Timeline?
While certain factors in a personal injury claim are out of your control, there are some things you can do to keep your case on track and potentially speed up the process. Here are some tips and strategies to use:
- Seek immediate medical treatment – Quick medical attention is critical for protecting your health and keeping your claim on track. Seeing a doctor right away creates a clear record of your injuries and helps ensure you receive the care you need. Insurance companies are also less likely to question the severity of your injuries if you start treatment immediately after the accident.
- Provide all necessary documents – Gather and share essential documents with your attorney as soon as possible. These include medical records, bills, accident reports, photos of the scene, and contact information for any witnesses. Having this information ready helps your attorney build a strong case without unnecessary delays.
- Follow your doctor’s recommendations – Sticking to your prescribed treatment plan shows that you’re serious about recovering and helps prevent disputes about the extent of your injuries. On the other hand, skipping appointments or ignoring advice could give the insurance company a reason to delay or undervalue your claim.
- Respond quickly to requests – Answer any questions or requests for information from your attorney or insurance adjusters promptly. Delays in communication can slow the claims process significantly. Keeping open lines of communication helps your case progress efficiently.
- Avoid posting on social media – Insurance companies can use social media posts against you to undermine your claim. You should avoid discussing your accident, injuries, or recovery online. This helps prevent unnecessary complications that could slow negotiations or lead to disputes.
- Work with an attorney – An experienced personal injury attorney knows how to manage the claims process efficiently. They can anticipate potential delays, manage deadlines, and negotiate assertively on your behalf. Trusting your attorney to handle the legal aspects frees you to focus on recovery.
- Consider mediation or arbitration – If negotiations stall, alternative dispute resolution methods like mediation or arbitration can be faster than going to trial. These processes can lead to quicker settlements without sacrificing the compensation you deserve.
Get in Touch with Our Lancaster Personal Injury Attorney for Help
Personal injury cases are all we do at David Blackwell Law. That gives us in-depth insights we can use to speed up your case wherever possible – like we did for this satisfied client:
“I tried to handle dealing with the insurance company myself, and got the run around for 9 months. I called David Blackwell Law, and David and Dana took it from there, and got it settled in about a month. They were very helpful, and kept me informed of what was going on. If I’m ever in another accident, I’m not dealing with the insurance company I’m calling and letting them handle it.”
With over 20 years of legal experience, we understand the strategies insurance companies use to deny or delay claims and how to counter their tricks. We’ve recovered millions for our clients and will use every tool in our arsenal to protect your rights. Call now or complete our contact form for a free consultation.