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How Long Will My Personal Injury Case Take?

Writer's picture: Roland SwansonRoland Swanson

There is a running joke among individuals involved in the legal profession and most practitioners will likely hear it as early as law school. The joke essentially boils down to a claim that no matter what question you ask an attorney, the answer will usually be, “it depends.” Although this response can be frustrating for many to hear in response to their question, it is oftentimes correct. This is because as stated on USA Network’s hit television series Suits, “the law is a precise endeavor,” and one minor detail can play a significant role in what the correct response is. Generally speaking, an answer to most legal questions or topics will depend on a host of various factors.

 

Personal injury cases are no different in that most answers to questions clients normally have can be answered by, “it depends.” One of the most common “it depends” question a personal injury attorney will get from clients is, “how long will my case take?” In answering this question, it is important to keep several things in mind. For starters, personal injury cases vary in nature due to the wide range of incidents that fall under the personal injury umbrella such as car accidents, slip and falls, wrongful death, dog bites, medical malpractice, etc. Each type of incident is unique in numerous ways including: the length and nature of medical treatment required, if any; the facts required to be shown for compensation; the amount of time an individual has to file a claim; and several others.

 

For example, an individual injured as the result of a car accident could be required to undergo years of medical treatment while a person pursuing a wrongful death claim would not be subject to the same time delay for treatment, since the person at issue is deceased. Various statutes of limitations can impact the length of a case as well. For example, in Missouri, an individual is must generally file a medical malpractice case within two years while a person who was injured as the result of a slip and fall has five years to file a case. Quite naturally, a two-year statute of limitations would necessitate an expeditious pursuit of a claim while a person with five years available may not have to be as prompt in their efforts.

 

Additionally, although the facts in many personal injury cases can be nearly synonymous, no two cases are ever the same. Specific facts of each case will have a significant impact on how a case is handled and/or resolved. As such, it can be a disservice to an injured individual for an attorney to provide a definitive time when asked how long their personal injury case will take. However, there is a general timeline that can be provided based on the various stages personal injury cases normally go through.

 

The general stages of a personal injury cases are as follows:

 

1.     Initial Consultation – Many personal injury cases start with a phone call or some other form of contact/communication from a person who has sustained an injury as the result of someone else’s negligence. Most injured individuals seek the answer to whether they have a personal injury claim during this stage and, in turn, attorneys will normally look for certain facts to answer this question. More specifically, a personal injury attorney will normally attempt to obtain answers to three important questions in analyzing whether an individual has a personal injury claim: (1) who is responsible for the incident; (2) is there an applicable insurance policy; and (3) did the person sustain any physical injury as a result?

 

Most initial consultations are able to be conducted instantaneously and is unlikely to result in any particular time delay.

 

2.     Initial Investigation – The initial investigation phase is the time period wherein personal injury attorneys gather and review evidence that establishes and otherwise supports the client’s personal injury claim and identifies the party or parties responsible. For car accidents, this phase will normally require ordering and receiving accident/police reports, identifying and talking to potential witnesses, and investigating various case specific facts that can play a vital role in the success of the personal injury claim. For slip and fall cases, this stage may include the attorney obtaining a copy of video surveillance capturing the incident or communicating with an entity to ensure certain evidence is preserved and not destroyed. Each type of personal injury case can require a tailored course of investigation.

 

The initial investigation phase can usually be completed within a matter of one or two weeks. Of an important note however, is the fact that attorneys should continue investigating throughout the pendency of a personal injury case, to discover additional relevant information and evidence.

 

3.     Medical Treatment – Arguably the most important phase in personal injury cases is the treatment phase. Receiving the proper and necessary medical treatment should help an injured individual return to their normal physical condition, pre-accident. The severity of the injuries sustained will often determine the length of necessary medical treatment. Injuries involving slight sprains, minor soft tissue injuries, or minimum pain/discomfort will not require the same amount of time and treatment as compared to a more serious injury such as a ligament tear, broken bones, or a traumatic brain injury.

 

The treatment phase varies in each case, depending on the severity of the physical injury and how long the injury takes to heal or cure. Many individuals can experience maximum medical recovery within 3-6 months of treating, while others may require an extended amount of treatment time, which could potentially last a number of years.

 

4.     Formal Demand – Following medical treatment, most personal injury attorneys will send a formal demand to the insurance company. This document asserts a formal demand for a specific monetary amount, in exchange for the resolution or end of a personal injury claim. A formal demand generally includes facts on how the injury or loss occurred, a description of the medical treatment the injured individual was forced to undergo, and any pain and suffering they experienced.

 

This phase is generally completed within 1-3 weeks after all necessary medical records and bills are received.

 

5.     Settlement Negotiations – If the insurance adjuster does not agree with the amount stated or requested in the formal demand, the adjuster is allowed to make a counter-offer for a different amount to resolve the personal injury claim. In the State of Missouri, an adjuster is provided ninety days by statute to respond to the initial demand, although responses are usually received prior to the expiration of said time. Settlement negotiations can continue until a fair amount is reached by both sides or a lawsuit is filed.

 

The settlement negotiation phase is often able to be completed within 3-4 months.

 

6.     Lawsuit/Trial – In the event settlement negotiations fail, an attorney should file a lawsuit on behalf of the injured individual. After a lawsuit is filed, the attorneys on each side will engage in the exchange of various discovery (evidence) in order to determine and point out the various strengths of their case and weaknesses of the opposing side. Attorneys and parties can also participate in mediation, where a neutral mediator will attempt to assist each side in arriving at a fair and just outcome during a bargaining process. While the matter is pending before a court, the attorneys will likely appear at various hearings to update the court on the progression of the case and the likelihood of the case reaching a resolution, short of trial.

 

Although a lawsuit may be required to be filed, attorneys are able to continue engaging in settlement discussions post-filing. If the attorneys are able to reach an agreement to settle, the lawsuit is dismissed and the case does not proceed to trial. In the event an agreement is not reached, this phase may last a number of months or years until the case is ready for trial.


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Every personal injury case is different, and each case deserves personalized attention from a knowledgeable and experienced personal injury attorney, to ensure the most favorable outcome for every client. The Swanson Law Firm delivers that in its deeply rooted client-centered approach, by providing exceptional service, exceptional representation, every time. If you or a loved one have been injured due to the negligence of someone else, call us today to schedule your free consultation.

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