If you or someone you care about has been in an incident involving someone else’s negligence and is now wondering how long personal injury cases take, know that these legal disputes can take anywhere from 12 to 18 months.
Durations vary since there are many factors affecting case timelines, from injury severity to the number of parties involved and whether liability is clear. A simple case, for instance, may conclude within a year or less, while a more complex one can take much longer.
What many people don’t recognize is that faster-reached settlements aren’t always the best solution. Insurers know injured individuals have an immediate financial need, so they may use this pressure to compel the injured to agree to a quick yet low amount settlement.
Understanding legal timelines and what can shape your case’s duration can empower you to make more informed choices.
What Classifies as Personal Injury?
Personal injury is a legal, civil (tort) action that allows individuals to pursue compensation for harm caused to them by another party.
Cases classified as personal injury can involve harm to the plaintiff (the person bringing the legal claim against the other party) that takes the form of physical, emotional, or psychological injury. It can be due to the at-fault party’s:
- Negligence
- Intentional action
- Recklessness
The side alleged to be at fault in personal injury cases is what the justice system refers to as the “defendant.”
What Is the Most Common Personal Injury Claim?
In the U.S., motor vehicle crashes (MVCs) are among the most common personal injury claims. It’s easy to see how, given that every year, the country sees around six to seven million MVCs, according to the National Highway Traffic Safety Administration (NHTSA).
Injuries caused by product defects can be grounds for personal injury claims, too. They’re highly prevalent, considering how common injuries resulting from the use of consumer products are.
According to the latest data from the National Safety Council (NSC), in 2024, injuries resulting from consumer products led to 15.1 million individuals needing emergency department treatment. From household cleaners to beds, chairs, and sofas, these can all cause injuries.
Medical malpractice is another common type of personal injury claim. It can take many forms, including wrongful birth, failure to diagnose cancer, and obstetrical injuries, according to this page on attorney Paul da Costa.
How Long Do Personal Injury Cases Take?
The personal injury lawsuit process consists of similar steps (e.g., from consultation to investigation, negotiations, lawsuit filing, and so on). Still, the duration of each case can vary widely, particularly those that go to trial.
CASEpeer, a cloud-based management software provider for law firms, notes the following average timelines for personal injury cases:
- Six to nine months to settle a straightforward MVC case; longer for more complex cases
- Two to three years for medical malpractice cases; four or more for lawsuits that go to trial
- One to three years for product liability cases; longer for cases that go to trial
- Three to 18 months for slip-and-fall accidents
Why Does Personal Injury Case Duration Vary?
How long it takes to settle or conclude personal injury cases depends on the simplicity or complexity of each claim.
The more straightforward a case is (e.g., liability is clear and non-disputable), the faster it usually takes to resolve. On the other hand, complex cases, such as those that involve more severe injuries or multiple parties, often take longer.
Severity of Injury
The severity of injuries can impact a personal injury case’s timeline because it can affect the duration of necessary medical care. The parties involved may be unable to reach an accurate amount for the final settlement until they:
- Establish the full extent of damages
- Determine the length of necessary medical treatment
- Discover all future medical needs
Establishment of Liability
Personal injury cases involving disputed liability can take longer than claims in which fault is easier to establish.
An example is an MVC wherein a driver causes a crash because they were clearly under the influence of alcohol. In this case, the DUI driver will likely be responsible, even automatically negligent, since DUI is “negligence per se,” meaning it’s a violation of a safety law.
Number of Parties Involved
The more parties involved, the more difficult it is to establish who’s at fault and their percentage of liability. Such cases take longer to conclude because of complex insurance policies, and their investigation and negotiation often require more time.
Frequently Asked Questions
What Evidence Do You Need for a Personal Injury Claim?
Successfully navigating personal injury cases requires plaintiffs to present solid evidence that proves the negligence of the defendant, causation, and damages (e.g., property damage or injuries).
Critical documentation that can serve as proof includes detailed accident reports and medical and health records. Just as crucial are witness statements, expert testimonies, and photographs or videos of the accident scene (e.g., surveillance videos or dash cam footage).
Is It Worth Claiming Personal Injury?
If the harm you’ve experienced from someone else’s negligence has caused you significant property damage, medical bills, or lost wages, then yes, a personal injury claim is worth it. The same goes if you develop long-term injuries or chronic disability due to the incident.
Should You Consult a Personal Injury Attorney?
The law doesn’t require you to hire a personal injury attorney to file a claim. You should consider partnering with one, though, as an experienced lawyer can help you throughout the claims-filing process.
In most cases, lawyers offer free initial consultations, wherein they’ll assess the strength and merits of your case. They’ll review the details of the incident and determine if your claim is viable. If it is, they’ll explain your legal options and estimate your potential compensation.
Don’t Rush Into Settling Your Personal Injury Case
Straightforward personal injury cases can take just a few months or under a year to resolve, but the more complex your claim is, the more time it’ll require. However, you shouldn’t let this force you into settling early, or at least not without expert legal advice.
Otherwise, you could end up with significantly lower compensation.
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Great Job Dax Janel Valencia & the Team @ Black America Web Source link for sharing this story.
