Hundreds of thousands of personal injury lawsuits are filed by plaintiffs throughout the United States every single year. Despite what you may have been told or seen on TV, only about 5% of all personal injury cases go to trial. Unfortunately, even settling a lawsuit out of court could take months, or even more than a year.
What factors will determine how long my case is going to take?
After being injured in an accident, you deserve to have a proper legal advocate on your side. Our team of experienced personal injury attorneys can review your case and advise you on the most effective course of action. Please contact Shapiro, Washburn & Sharp to schedule a free consultation with one of our Virginia personal injury lawyers.
Factors That Impact the Duration of Your Lawsuit
Although this list is by no means exhaustive, some of the factors that will play a role in how long your lawsuit will take to resolve include:
The Severity of Your Injuries
The biggest factor in just about every personal injury case is the nature and degree of injuries. If they are relatively minor, then a settlement should happen quickly. If, however, you sustained very serious injuries that require extensive treatments or are disabling, your case is probably going to take a lot longer to settle.
The Length of the Investigation
Once you have received medical attention, you need to meet with your personal injury attorney. That might involve them meeting with you in your hospital room or at your home if you are unable to make it to their office.
Some of the things you should be prepared to give your attorney include:
- The time and place your accident occurred
- Your insurance adjustor’s contact details
- If applicable, the name and contact details of any other parties involved or the name and contact details of the manager or owner of the business
- Your account of how the accident happened
- The contact details of an eyewitnesses
- Video and pictures of the accident itself or of the scene immediately after
- A copy of the police report if one was generated
- A complete copy of your medical records starting from the day of the accident. These should include your initial exam and diagnosis, any medical treatments you received, your doctor’s prognosis, and an account of any future medical treatments that will be needed
- Any invoices, bills, or receipts arising from the accident or your damages
Once they have a sufficient amount of information to go on, your lawyer will then be able to conduct their own investigation into your accident. A good personal injury attorney will examine every aspect of your case, and that can take a considerable amount of time. They also need to meet with professionals in certain fields that apply to your case, obtain reports, interview eyewitnesses, and do anything else they feel might ultimately strengthen your case.
The Complexity of Your Case
No two personal injury cases are the same. They can range from minor premises liability accidents with minor injuries to catastrophic motor vehicle accidents resulting in multiple fatalities. If neither side is disputing liability and the injuries in question are fairly minimal, the case is likely to settle quite quickly.
However, if the injuries are complex and demand ongoing care and the other side is disputing the facts of the accident, reaching a settlement is going to take a lot longer.
Negotiations and Court Cases
Before your lawyer files a lawsuit, they are going to negotiate with the defendant’s insurance provider as well as their attorney. Reaching a settlement is usually in the best interest of both sides but even this could take months. Every time the defense makes an offer, your lawyer will discuss it with you and then produce a counteroffer. This process can be repeated as many times as needed.
If the other side is simply not making you any reasonable offers, your attorney will most likely file a lawsuit. How long it will be before you actually go to court will hinge primarily on the court’s calendar.
It is important to remember that even after a lawsuit has been filed, negotiations remain open and ongoing through the trial.
Are You Thinking of Filing a Virginia Lawsuit?
The Virginia personal injury process can be extremely complex at the best of times. In order to make sure that you are getting sound legal advice regarding your lawsuit, it is important to work with a reputable law firm.
At Shapiro, Washburn & Sharp, our Virginia personal injury law firm is backed by more than four decades of legal experience. We know what it takes to win your case. To schedule a free case evaluation with one of our experienced attorneys, give us a call at (833) 997-1774.