How long does a personal injury lawsuit take? There is no fixed duration for an injury lawsuit. Every case is unique. Some settle without a trial. When a settlement isn’t possible, the claim goes through pre-trial and trial phases, and different factors affect the length of those phases.
A Bellevue personal injury lawyer can help take your lawsuit through the process as efficiently as possible.
Determining if You Have a Case
If you are hurt by someone else’s negligence, you may have a personal injury case. The first step you need to take is getting medical care. Have your injuries documented and follow treatment orders.
Then, you can talk to a personal injury attorney to confirm that the cause of your injury is negligence, and the at-fault party is accountable for damages.
Steps in a Personal Injury Claims Process
The next step in the process of a personal injury case is the accident investigation. An experienced attorney can conduct a thorough examination of the incident leading to your injuries. The purpose of this step is to confirm the identity of the at-fault party and gather evidence to support your claim for compensation. Typically, you file against the insurance company representing that party.
An attorney can also accurately value your losses. Don’t let insurance companies decide how much your claim is worth. They usually try to downplay your injuries and minimize your losses.
Next, you send a letter to the other side’s representatives telling them the amount of your compensation demand.
Ways of Resolving a Personal Injury Claim
Your claim may be resolved through a settlement, avoiding the need for a personal injury lawsuit. Though there is no set time for how long it takes to settle, if the other side accepts your demand, the resolution happens somewhat swiftly. Insurance companies usually have to pay within 6 weeks.
Otherwise, your attorney can work to negotiate an amount. The other side’s willingness to move discussions along, engage productively, and avoid stall tactics all affect how soon your claim resolves. If the other side proves unwilling to cooperate or offer a fair deal, you may choose to seek justice through a personal injury lawsuit.
Steps in the Personal Injury Lawsuit Process
First, you need to file a personal injury claim with the court within Washington’s statute of limitations, which is three years for most personal injury situations, per RCW 4.16.080. By connecting with an attorney quickly after the accident, you avoid missing this legal deadline.
Then, your lawsuit goes through pre-trial stages. During discovery, the parties exchange evidence, take witness statements, and file pretrial motions. Among other reasons, motions may be submitted to render evidence admissible or inadmissible.
The court may order mediation. During mediation, a court-appointed mediator works to help the parties reach an agreement and avoid the stress of a trial.
Most likely, the attorneys will have to attend pre-trial conferences with the judge during this phase. How long a personal injury lawsuit takes largely depends on how long these pre-trial phases take.
The Trial Phase
Often, the actual trial phase of a lawsuit is the shortest part. Trials usually take days or weeks, while the pre-trial stages can last months or sometimes years. The trial begins with each side giving its opening statements. Then the sides present their evidence to the judge and jury and conclude the trial with closing statements.
After that, the jury deliberates and determines a verdict. If the verdict goes in your favor, you will probably receive your award within 6 weeks. If the at-fault party appeals the decision, payment can take longer.
Factors Affecting How Long a Personal Injury Lawsuit Takes
A variety of factors affect how long a personal injury lawsuit can take. They include medical issues, insurance company tactics, court practicalities, attorney experience, and accident complexity.
Medical Issues
The extent of your injuries affects compensation amounts. That amount cannot be determined until your maximum medical improvement (MMI) is known.
It can take time to make that determination. Additionally, you need evidence to prove your injuries. Sometimes, acquiring that official medical documentation is a slow process.
Insurance Company Tactics
Insurance companies may delay responding to your claim or may challenge your claim with disputes after carrying out their own accident investigation.
These companies are not in a rush to make payouts. They may implement stall tactics to wear you down and get you to agree to a lower settlement just to end the situation.
Court Practicalities
Trial duration also depends on court-specific practical matters. The judge’s schedule and court holidays affect dates. Some courts are backlogged with cases, and your case may be far down the line. The longer the cases ahead of you take, the longer it will be for yours to get started.
Attorney Experience
An experienced attorney knows how to navigate the court system. Partnering with a team familiar with Washington’s laws, insurance company practices, and the unique characteristics of relevant court systems is better equipped to guide your case through the process efficiently.
Accident Complexities
The accident’s complexity also matters. If multiple parties are involved, those parties work to represent their own interests. They try to take the blame off themselves and put it elsewhere. Untangling the details of negligence can take time.
Why Specific Determinations of Negligence Matter
Washington State follows a pure comparative negligence system for personal injury lawsuits, per RCW 4.22.005. Under these laws, victims can sue for accident-related damages even if they bear some responsibility for the event.
The pure comparative negligence system holds victims responsible for whatever percentage of fault they bear by reducing compensation in proportion to that percentage. If you are 20% responsible for an accident, you collect 80% of the calculated compensation. With a multi-party claim, determining who owes what can increase the time it takes to reach a resolution.
We Can Manage Your Personal Injury Lawsuit From Start to Finish
The team at Premier Law Group has over 55 years of combined legal experience. Connect with us today to arrange a free case review with a personal injury attorney.
We may not be able to say how long every personal injury lawsuit takes, but we know the system and will work to move your case through the process as swiftly as possible.
Jason at premier law group is truly an outstanding individual. Our particular case was not something that their firm usually sees but they were more than willing to help us and give us all of the information they had available. I can't recommend them enough.