It can take 1-3 years to resolve or enter a judgment in a civil personal injury case. Because all personal injury cases are different, it is difficult to determine how long your case will take to resolve.
That doesn’t mean you don’t have options. If you are currently in a personal injury case and want to settle it quickly, there are several ways you can expedite each part of the process.
Most claims settlement processes are completed in five steps
If you attempt to reach a settlement and are successful, your legal process will be completed in 5 steps. After the settlement is negotiated, extend your case from a few months to several years.
Step 1: Hire a lawyer
Meeting with a lawyer can take a few weeks. So plan ahead and start looking for law firms that have experience with your specific case. For example, The Dixon Injury Law Firm is one of the best workplace injury law firms in St. Louis, and you want one of the best in your area.
Keep in mind that the first, second, or third attorney may not check all of your boxes. It may take several law firms to find an attorney who fits your budget and settlement goals.
Step 2: Start the case
To initiate a civil lawsuit, you must:
The statute of limitations for claims is between 1 and 3 years, depending on the federal state. With this in mind, the lawyer begins writing the complaint, which can take anywhere from a week to a full year.
This time frame may be out of your control as the complexity of the settlement, the attorneys’ decision to negotiate, and the defendant’s cooperation will determine how long this will take.
Step 3: Pretrial Discovery
The discovery step involves the pre-trial process of exchanging information between the parties to the litigation. You must file a police report and give your attorney a copy of the report as well as your medical records, car insurance, company emails and security footage, if applicable.
The investigation begins immediately after a complaint is filed and continues until 30 days before the hearing. Make sure you submit all your documents early and arrive for the deposition on time.
Step 4: Applications in court
Both the defendant’s attorney and your attorney will file several pretrial motions asking the judge to rule on specific issues. This includes everything from the documents to the venue.
Update to; Both the defendant’s attorney and your injury law firm will file several pretrial motions asking the judge to rule on specific issues. This includes everything from the documents to the venue.
Some pre-trial motions are lengthy and take a while to complete. For example, a motion to retain counsel takes less time than a motion for summary judgment because it asks the judge to dismiss the case. In the first example, the lawyer is asked to present evidence related to the trial.
Talk to your attorney about limiting these lengthy motions to reach an agreement more quickly.
Step 5: Processing
Most personal injury cases are resolved without going to trial. After the investigation step, your lawyer will take part in settlement discussions. Your attorney probably won’t discuss every settlement discussion, but he or she will make you offers that you can accept or reject.
At this stage, it is wisest to hold out until the last second so that you can get the most out of the settlement while avoiding litigation. However, if you want the settlement to be completed as quickly as possible, you can take the first deal the defense team offers you and call it a day.
Ideally, the settlement should cover medical expenses, property damage, lost earnings, future lost income, the estimate of future medical expenses, and a multiplier to assess general damages.