Do you know how long a personal injury lawsuit takes in California? Generally, the bottom line depends on the details of the case, and the period could vary accordingly. Some cases may be settled in a few weeks, while others, possibly headed for trial, can stretch over months or years.
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So, Why Does a Personal Injury Lawsuit Takes Varying Time?
Even in a place like Los Angeles or San Diego, no two cases are identical. The nature of the case and the presentation of your injuries will dictate the type of strategy that will be employed when dealing with that insurance company.
Factors That Delay a Personal Injury Case
1. Insurance Company Tactics
In delay tactics, which they perfected, insurance companies go for delaying plaintiffs’ settlements, and sometimes to such a ridiculous extent that negotiations are halted long enough to give offers that eventually get accepted by desperate injured parties. Notably, for every day they delay payment against claims, it is pocketed in their coffers, earning them interest in some cases.
Your attorney will predicate these delays while pushing for an accelerated move of the case by the insurance company.
2. Attorney Delays
Not all attorneys are proactive in working on their cases. An attorney may take an inordinate number of cases, allowing yours to languish. Your sole protection against this is to choose a competent and diligent lawyer who actively works to keep your case moving.
3. Serious Injuries
When injuries are serious or require a lot of treatment, settling is almost always put off until maximum medical improvement (MMI) has been achieved. You need to evaluate the entire damage (future medical treatment, rehabilitation, and lost income) before you properly value your claim.
This waiting period may, of course, create a delay in the case, but it is often the right thing to do to make sure you truly receive what you are entitled to.
4. High-Value Claims
Some cases take longer to settle and typically involve large sums of money. When the stakes are high, the insurer will take all the time and thoroughly investigate whether to accept or reject the claim. Since big payouts affect the bottom line of the insurer, they tend to proceed extra slowly, more so, in most cases.
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5. Existence of Multiple Defendants
This is a highly complex issue if there exists more than one party who is liable for your injuries. It adds much time to a case, orchestrating discovery, negotiations, and legal responses among multiple parties.
6. Liability Disputes
Once the defendant denies liability for your injuries, the case is headed towards trial, and that means longer than settling would have taken due to court scheduling, gathering evidence, expert deposition testimonies, etc. Disputed liability stretches the length of time needed to reach a conclusion to that case.
What Settlement Does?
Almost all personal injury claims in California settle long before trial; this is one of the major reasons for seeing overall time reduced. Settlements can occur at almost any stage of the process: actually before a lawsuit is filed, even during discovery, or right up to the eve of trial.
But that does not mean you should accept the first offer from an insurance company. Such early lowball offers are typically far from adequate, considering what your claim is worth. They want you to settle quickly and avoid seeking legal advice.
Having a skilled lawyer is important in ensuring that all compensation awarded stacks up to what your needs may be in the long term. This will usually involve future medical costs, lost capacity to earn, and emotional distress. Once you sign the dotted line with an agreement, it becomes almost impossible to go back and seek more money. Therefore, getting it right the first time is crucial.
General Timeline for a Personal Injury Suit
A general breakdown of how a personal injury case works in a nutshell is as follows:
- Medical Treatment and Recovery (Weeks to Months): The basic focus is on healing from the injuries and reaching maximum improvement.
- Investigation and Claim Assessment Process (1-3 Months): Your lawyer gathers the medical documents, accident reports, and witness statements.
- Settlement Negotiation: Irrespective of the time frame
- Lawsuit Filing (If Necessary): In case of an unsuccessful agreement, your attorney files a lawsuit and initiates litigation.
- Discovery (6-12+ Months): The parties exchange evidence with the aid of witnesses. Longer for more complicated cases.
- Mediation or Pre-Trial Settlement: Judges, for the sake of economy, generally urge both sides to settle rather than go to trial.
- Trial (If Necessary): All remaining alternatives having been exhausted, the case is tried in front of a judge or jury. Trials may take a couple of days to weeks and are frequently postponed due to case scheduling.
Summing Up!
Tenina Law understands how immensely frustrating delays can be while you recover from severe injuries. Hence, things will progress in a manner that accelerates your case but fights for each cent you rightfully deserve.
Your healing will not be delayed by the insurance companies, who will not exploit your rights. With our customized guidance, aggressive representation, and free consultation, we will facilitate you through the legal maze, no matter how simple or complex it may be.
If you’re wondering how long your personal injury lawsuit takes here in California, reach out to us today, and let’s walk through your situation and create a strategy catering to your individual needs.
