How Long Do Personal Injury Claims Take: 6 Factors That Can Impact Duration of ClaimsJune 29, 2020
The length of time it takes to resolve a personal injury case depends on several factors, include:
- The severity of the injuries
- Whether liability is disputed
- Insurance company tactics
- The availability of evidence
- The court’s schedule
- Your choices and preferences
Here’s a closer look at how each of these factors can affect the process of resolving a personal injury case.
6 Factors That Affect How Long It Takes to Resolve Personal Injury Cases
Personal injury claims can proceed faster or slower, depending on these crucial factors.
The Severity of the Injuries
Cases involving more extensive and severe injuries can take longer than those associated with more minor injuries. Typically that’s because more severe injuries can:
- Take longer to fully diagnose
- Require far more documentation and testing to prove their severity
- Involve demands for second or third opinions to verify the extent of the injuries, as well as the nature of ongoing treatments needed for recovery.
Whether Liability Is Disputed
When parties involved in a personal injury claim do not agree on who the liable party is (or who the liability parties are), the case will take longer (when compared to claims with undisputed liability).
This is largely due to the fact that liability disputes will require additional investigation and evidence to prove exactly who’s at fault. Sometimes, that can mean:
- Hiring additional experts
- Waiting for certain evidence, like test results or certain records, to become available
- Taking additional steps to resolving disputed liability so a case can move forward.
Insurance Company Tactics
Insurers can do a lot to prolong personal injury cases, like:
- Demanding additional paperwork or documentation
- Requiring more medical exams or second opinions
- Using statements or potential evidence to try to pin the blame on the victim
Tactics like these are often used to try to:
- Extend the duration of the claim
- Increase the financial pressure injured parties may face
- Compel them to take lower settlement awards because they need compensation.
This is where an experienced personal injury attorney can provide essential guidance, standing up to insurance companies, diffusing these types of tactics, and helping the injured get the full compensation they deserve.
The Availability Evidence
Personal injury claims are only as strong as the evidence is to support them. If critical evidence, like (but not limited to) the following, is missing or unavailable, claims can be more difficult to prove, and they’ll usually take longer to resolve:
- Medical records and bills
- Vehicle data downloads
- Witnesses to the incident or event that caused the injuries
- Any reports for the injury-causing event, like a police report or a work incident report.
The Court’s Schedule
When personal injury cases can’t be resolved out of court, the court’s schedule will determine when the next phases of the claim can occur. Most courts have busy schedules, with large backlogs of cases. That can mean it will take weeks to months longer for a case to move forward, as it will be at the mercy of the court’s schedule.
Your Choices & Preferences
If a settlement offer is made at any point during your personal injury case, you’ll have to decide whether to accept or reject the offer. If you want to have your day in court, your case will likely take longer to resolve. Ultimately, the amount of the offer, as well as your personal preference, will play a major role in determining how soon your case will be resolved.
Set Your Claim & Recovery Up for Success: Contact the Amaro Law Firm
A Houston personal injury lawyer at the Amaro Law Firm is ready to get you on the path to justice and financial recovery if you’ve been hurt in any type of auto crash.
We are ready to provide you with the advice and information you need to set your potential claim up for success and the maximum available recovery. Experienced, strategic, and tireless, our attorneys will vigorously protect your rights and fight to help you bring your case to the best possible resolution.
The Amaro Law Firm’s record of outstanding advocacy and success in all types of personal injury cases has earned us a 5-star rating on Google and Facebook, glowing testimonials from former clients, and a 10 rating on Avvo.