How long will it take to resolve my personal injury case?

calendarVictims often ask how long it will take to get compensation from a lawsuit. The truth is that resolving a personal injury case can take anywhere from a few months to over a year.

The exact length of time depends on the specifics of your case. However, there are many things you and your attorney can do to help the process along.

Factors That Affect the Length of an Injury Case

One of the biggest factors that impact a case is whether a victim accepts a settlement or goes to trial. Generally, cases that settle take less time than those decided in court, but faster isn't always better. Insurance companies often take advantage of a victim’s unwillingness or inability to wait for payment, offering low settlements soon after the accident occurs. Such payments usually aren't adequate to cover the full cost of injury, lost wages, or pain and suffering. Your attorney should carefully consider the amount offered before you accept payment.

The length of time it will take to resolve your injury case also depends on:

  • The severity of your injuries. As it is important to get compensation that covers the full extent of your injuries and the need for any further medical care, your condition must be medically stable before accepting a settlement. Your past and future losses must be carefully calculated, as well as your ability to earn a living and enjoy life after the accident.
  • The type of accident. During the discovery process, both parties obtain evidence through interviews, depositions, and documentation, which may take several weeks to complete. The circumstances of your accident play a large role in your case, and each one has unique details that need to be addressed. A car accident case will involve different investigative methods and insurance issues than a work injury case, and these both differ from slip and fall cases.
  • Who's at fault. Liability can affect the length of a case, especially if more than one party is responsible for your injury costs. For example, in work injury cases, victims may be able to collect workers’ compensation and file a lawsuit if a third-party was negligent. In addition, Florida law allows a victim’s damages to be reduced if he or she shared some fault for the injury.
  • Settlement negotiations. Negotiations typically begin after discovery, with offers changing from week to week depending on the strength of each party’s position. Cases may be settled at any time, and negotiations often continue throughout the discovery and trial process.

Whether we secure a settlement or go to trial, our Florida injury attorneys diligently work to get fair compensation for our clients’ suffering. Simply fill out the quick contact form on this page today to schedule your free case evaluation with Johnson & Gilbert, P.A.