Will My Personal Injury Claim Take a Long Time?

There are various factors that influence the total timeline of a personal injury case. Some cases may take only a few weeks or months, while others might take two years or more if a person sustains substantial and on-going injuries and problems. Consult with an experienced accident attorney to understand the elements of your case and the predicted length of time it will take.

For now, continue below to learn more about how long personal injury claims take and where to get trusted legal advice surrounding your accident case concerns.

Injury Attorneys Indianapolis Indiana 317-881-2700
Injury Attorneys Indianapolis Indiana 317-881-2700

Complex Personal Injury Cases Take Longer to Settle

You can roughly get a feel for the amount of time it will likely take for your claim to settle by the complexity of the case. The more complex the case, the more difficult it will be to adjudicate, which delays the settlement phase even longer. This is especially true for cases that go to trial.

Certain Liable Parties Can Attempt to Delay a Personal Injury Case

Another factor that can extend the timeline of a personal injury case is the type of liable party, or parties. If the liable party, or defendant, is a company, corporation, or government entity, or if there are multiple liable parties (defendants) in a case, the process can take longer.

Proving Negligence and Extent of Damages Can Take Time

As a claimant in a personal injury case, you hold the burden of proving that the opposing party is at fault for your accident and subsequent damages. Your Indiana personal injury lawyer will document a strong and impactful case to prove that the opposing party breached their duty of care, or was otherwise negligent, and as a direct result, caused your accident and damages. In addition to proving negligence, your team will need to prove your damages to support reasonable compensation.

To gather all the relevant evidence needed to prove your case, your lawyer may need to hire expert witnesses, forensic specialists, accounting experts, and accident reconstruction services, or prepare witnesses, including yourself. These needs add to the overall time it takes to reach a settlement or verdict.

How Long Care is Needed

The longer an injured person needs to obtain treatments, the longer it will take the case to resolve.  This is because it takes some time for doctors to determine if a person’s injuries are permanent or not.  If an injured person’s injuries are permanent and will last a lifetime, then obviously that would need to be taken into account when attempting to determine a full and fair settlement value for the case.

Insurance Companies Might Require Legal Representation

In some cases, insurance companies require claimants to acquire legal representation for their claim. If the claimant is hospitalized or comatose for several weeks after a catastrophic accident, they are not capable of retaining a lawyer for the purpose of pursing an injury claim. This scenario would increase the expected timeline of the case.

Refusing to Accept a Settlement Offer Will Extend Negotiations

It is important to trust your personal injury lawyer with their evaluation of your case. If you refuse every settlement offer you get, you can expect the process to take longer. You can feel confident in accepting an offer that your attorney agrees is full and fair and the attorney should explain to you why they believe the offer is fair.  If an offer is not fair, your attorney should also explain to you why that is their opinion.

The best way to avoid extending the timeline of an injury claim is to hire the right attorney to represent your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation, today. We represent clients throughout the state, plus Indiana residents injured in other states.

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Important Information About Settling an Accident Case

Surviving victims injured in a wrongful accident caused by another person’s negligence can recover compensation for their damages and losses one of two ways:  out of court mutual negotiations or trial.  Although many personal injury settlements are negotiated and settled outside of court, it is critical to a victim’s financial future and overall quality of life to retain experienced personal injury representation for their claim.

A seasoned Indiana accident attorney will aim to settle without a trial if a reasonable settlement can be reached but will remain ready and prepared to take a client’s case to court if necessary. If you are a recent victim of a wrongful accident and suffered injuries as a result, the settlement process will impact the outcome of your claim.

Continue reading to learn what you can expect during the process of settling a personal injury claim, plus how to ensure you obtain the maximum compensation for your case.

Accident Claim Legal Services Indianapolis Indiana 317-881-2700
Accident Claim Legal Services Indianapolis Indiana 317-881-2700

Personal Injury Settlements

A settlement takes place when a defendant’s insurance carrier and sometimes the defendant themself make an offer for compensation, and the victim or plaintiff accepts the offer. This often happens outside of court. In fact, some agreements are made before a lawsuit is even filed. If the victim has trouble receiving a fair offer, their lawyer may suggest taking the case to civil court.

Settlements can also be made after a case goes to trial, but before a final award or verdict is made. Other times, parties might become anxious during jury deliberations, and decide to settle before their verdict comes back. This is because some defendants would rather agree to a set settlement, rather than allowing a jury to decide the case.

Full Liability Releases

Once a settlement is agreed upon between both parties, the plaintiff must sign a full liability release form. This form lawfully relinquishes all potential claims against the defendant arising out of the accident or incident. This way, the plaintiff cannot file any further lawsuits for more compensation against the defendant later. For instance, in a slip and fall case, a store’s insurance company may offer a victim $25,000 to settle a case made against their insured, but to receive the payment, the victim must agree to not sue the store or to dismiss any lawsuit that has already been filed against the store.

Most Accident Cases Settle in the End

The reason why most personal injury cases settle is because both the plaintiff and the defendant want to mitigate and control their risks and avoid the significant legal costs that come with actually going to trial. Almost all personal injury cases involve insurance companies, who have the finances to pay out claims quickly.

If a claim goes to trial, the insurance company loses some control over how much they pay in recompense to a wrongfully injured victim, as well as court costs, attorney fees, and other legal expenses. Also, many insurance companies settle claims because they want to avoid the public eye for themselves and the defendant they insure. With so many social media platforms these days, it is easy for one incident to result in a company being publicly criticized for their negligence.

Are you a recent accident victim who was wrongly injured as a result of another person or company’s negligence? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to pursuing a personal injury claim in Indianapolis, Indiana. Our seasoned accident attorneys offer free initial consultations and never collect lawyer fees unless we prevail for you.  We represent injured persons and the family survivors in wrongful death cases throughout the state of Indiana.

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