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How Long Will It Take My Personal Injury Case to Settle?

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How Long Will It Take My Personal Injury Case to Settle?

How long does a personal injury claim take? That is an unanswerable question without knowing more about the facts of your individual case. And learning the facts of your case is likely to require an investigation. 

Multiple factors can affect the timeline of your personal injury matter. It might take a few weeks – or it might take years.

How Long Does a Personal Injury Case Take? A Step-by-Step Analysis

How Long Does a Personal Injury Case Take? A Step-by-Step Analysis

Most personal injury cases end with a settlement, not a verdict. In fact, most cases never even make it into court. Even among the cases that make it to court, few end up at trial. 

The steps below are meant as a general guideline. Your case might proceed differently. 

Step One: Gather Evidence at the Scene of the Accident (If You Can)

Don’t try to gather evidence at the scene of the accident if you’re injured. That could make your injuries worse. 

To the extent that you can do so safely, though, take the following actions:

  • Call 911. The police will complete an accident report that could help or hurt your claim. If necessary, an ambulance will take you to the hospital. When in doubt, go to the hospital for an examination, just in case.
  • Gather insurance and ID information from the other driver (if it’s a car accident).
  • Get contact details of any witnesses.
  • Photograph anything that might serve as valuable evidence.

There are likely other steps you should take, depending on the unique circumstances. A lawyer can advise you on what to do next.

Step Two: Talk to an Experienced Louisiana Personal Injury Lawyer

You need to talk to a lawyer regardless of whether your injuries arose from a car accident, a slip and fall accident, a truck accident, or some other kind of incident.

Step Three: Send a Formal Demand Package to the Insurance Company 

To kick-start negotiations, you need to send a demand package to the insurance company (or whoever you expect to pay the claim). A demand package consists of a demand letter plus supporting documentation. 

The demand letter should outline the circumstances of the injury, the extent of your damages, and a request for compensation. 

The supporting documentation might include:

  • Medical records
  • Photographs of your injury
  • Proof of lost wages (such as a letter from your employer)
  • Other evidence of the accident, the defendant’s liability, and your damages

An insurance company will probably send a reservation of rights letter. Don’t worry about it–this is completely routine. 

Step Four: Negotiate Your Claim

Claim negotiations consist of gathering and presenting evidence, arguments, and the back-and-forth of claims and counterclaims. 

Factors that determine the length of time you need to negotiate your claim include:

  • The severity of injuries
  • The duration of your medical treatment
  • The complexity of your case
  • The amount of damages you’re claiming
  • The amount and scope of insurance coverage
  • Your willingness to settle
  • Liability disputes
  • The quality of your legal representation
  • External factors such as court schedules, local legal practices, etc.
  • Your financial needs (which can tempt you to settle sooner than you ought to)

These items represent the tip of the iceberg of possible factors affecting the length of your negotiations. 

Step Five: File a Lawsuit (If Necessary)

You might decide to file a lawsuit just to pressure the defendant to settle. How long does it take to settle a lawsuit? A lot depends on how stubborn the defendant is. They might call you the day they receive the lawsuit papers with an acceptable settlement offer. On the other hand, you might keep haggling for long after that. 

This is what you have to do to file a lawsuit:

  • Identify the appropriate court
  • File a formal written complaint with the court clerk (preferably drafted by a lawyer)
  • Pay the filing fee
  • Arrange for a neutral third party to deliver a court summons and a copy of the complaint to the defendant 

Completing these steps will beat the statute of limitations deadline and qualify both you and the defendant to gather evidence from each other using the pretrial discovery process.

Step Six: Pretrial Discovery

The pretrial discovery process involves using various means to demand evidence that is in the possession of the defendant (and sometimes third parties). It includes depositions, interrogatories, and demands to inspect documents and physical evidence. It is not unusual for pretrial discovery to take months or even a year, depending on the complexity of the case.

Step Seven: Return to the Negotiating Table

Pretrial discovery should provide you with a wealth of evidence. Hopefully, this evidence will tilt the scales so far in your favor that the defendant will have no choice but to settle on your terms. If not, it’s back to the bargaining table.

Step Eight: Mediation

So, how long does a lawsuit take to go to court? It could take months between the date that you file your lawsuit and the date of the trial (if there is one). During this time, the judge will probably be pressuring you to mediate your dispute because settling your case reduces the court’s docket and makes life easier for the judge.

In mediation, you invite a professionally trained third-party mediator into your dispute. Often, a mediator can help the parties reach a settlement that is acceptable to both sides. A mediator cannot force you to settle, however.

Step Nine: Settlement

Once you agree on a settlement amount, both sides’ lawyers will draft a formal written settlement agreement. This agreement is a binding legal contract that you can enforce in court just like any other contract. The exact wording is important, so don’t ignore it.

Step Ten: Getting Your Compensation

Your money will work its way through the internal insurance company bureaucracy until it reaches your lawyer’s escrow account. Your lawyer will deduct any appropriate amount (your legal fees, the lawyer’s out-of-pocket case expenses, etc.) and send the remainder to you.

If You Go to Trial: How Long Does a Lawsuit Take?

As mentioned above, your case probably won’t go to trial. In case it does, most trials are over within a few days, but it could take much longer.

Do You Need a Lawyer To Settle Your Personal Injury Case in Baton Rouge, LA?

If your case is low-value, you might find it difficult to locate a lawyer who will take it. The same is true if your chances of victory look bleak. However, if your case is high-value or complex, the assistance of a Baton Rouge personal injury lawyer is a practical necessity, regardless of whether you seek a settlement or a verdict. Contact an experienced lawyer from Mansfield Melancon Car Accident and Personal Injury Lawyers for assistance, call us today at 225-612-0800.

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About Us

Mansfield Melancon Car Accident and Personal Injury Lawyers was founded to protect the rights of accident victims in Louisiana. Since our founding, we have become a recognized leader in personal injury law, recovering tens of millions for our injured clients. Our legal team boasts decades of combined experience and is known for taking on complex catastrophic injury and accident cases.

Areas We Serve

Mansfield Melancon Car Accident and Personal Injury Lawyers serves injured clients throughout Louisiana. We have office locations in New Orleans, Baton Rouge, and Lafayette to better serve accident victims across the state, including Orleans Parish, East Baton Rouge Parish, and Lafayette Parish.

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