Mounting medical bills or the need to replace your vehicle can make waiting for your settlement check difficult. Your lawyer focuses on getting you the maximum compensation for your settlement, which might not always mean you’ll get it quickly. Several factors affect the amount of time it takes for a personal injury case to settle. Let’s explore them below.
Average time to settle a personal injury case
Concluding a personal injury case can take anywhere from a few months to two years, or sometimes even longer such as if multiple parties are involved. There’s no consistent average of how long personal injury cases take to settle.
Factors to be considered when settling a personal injury case
The complexity of your case will directly affect the time it takes to settle or go to trial, including the following concerns.
The nature of the injury
The severity of your injuries and the length of time it takes to recover from your injuries are affecting factors because your claim is intended to cover all future medical care. If you’re healing from one or more catastrophic injuries, or if your medical care team isn’t sure of the prognosis for recovery, then your settlement may be delayed by a couple of months.
Your lawyer can’t make a proper or informed settlement demand before receiving the total costs of medical care, including estimates of future care and long-term rehabilitative treatment.
Cooperation of all parties involved
If the fault for an accident is fairly clear and all involved parties are interested in settling quickly, then a compromise can be reached faster. Sometimes, the defendant may dig in their heels and refuse to settle, believing they can be victorious at trial.
Availability of evidence
The burden of proof in civil cases is less than that of criminal cases, but there must still be sufficient evidence for a reasonable party to determine fault. If the evidence in your case is scarce or contested, it may take longer for your Florida personal injury lawyer to build a strong case against the at-fault party.
Complexity of the legal issues
Liability isn’t always black and white. If there are clear-cut legal reasons for one party to be at fault, a case is easier to resolve than if there are many unknown factors or if “fault” falls within a grey area. Your lawyer may have to construct arguments using different parts of case law or have a compelling reason for the judge to set precedent in your case.
A backlog in the court’s calendar can often delay when your case goes to trial. Unfortunately, there’s nothing that can be done to clear up room on the court’s calendar, so the options are settling (if possible) or waiting for trial.
Have you been injured in an accident that wasn’t your fault? We can help!
If you’ve been injured in an accident, you have the right to seek compensatory damages from the party that caused your accident. Lytal, Reiter, Smith, Ivey & Fronrath has the resources and depth of experience for even the most complicated personal injury claims. Contact us today at (561) 655-1990 to schedule your free case review.