If you have recently suffered serious injuries, you may be contemplating filing a personal injury lawsuit against the liable party. Before moving forward, it’s important to understand the legal process and what to expect. The following article will provide accident victims with key information on the litigation process, including how long a typical personal injury lawsuit may take to get resolved and the factors that can impact the settlement timeline.
What are Some Common Types of Personal Injury Lawsuits?
Because there are various ways for people to get injured, there are various types of personal injury lawsuits that can be brought. Some of the most common suits include:
Car Accidents
Most personal injury lawsuits filed across the United States stem from car accidents. When an accident happens, it is usually because the at-fault party either was not following the rules of the road or was not driving as carefully as they should have been. In a car accident case, if it is determined that a driver’s actions resulted in serious injuries to another driver (or passenger), the injured party may pursue a fair settlement through a legal team experienced in handling auto accident claims. A case may involve gathering witness statements, obtaining a case review, and working through the discovery process to establish liability.
Slip and Falls
Slip and fall cases are another common type of personal injury lawsuit. Illinois property owners have a legal duty to keep their premises reasonably safe and free of hazards, ensuring that people on the property do not become injured. This includes a duty to eliminate hazardous conditions that could lead to a slip and fall accident. If a property owner fails to adhere to this duty and an entrant is injured as a result, the owner could be held liable for the entrant’s catastrophic injuries. To pursue a claim, an experienced personal injury attorney will often need to gather evidence, such as surveillance footage, witness statements, and maintenance records.
Medical Malpractice
In a medical malpractice lawsuit, a claim is raised which argues that a physician or other healthcare professional provided treatment that fell below the appropriate medical standard of care, resulting in harm to the patient. Medical malpractice cases often require expert witnesses to testify about the appropriate standard of care and how the physician’s actions deviated from it. Because these cases can be complex, an attorney-client relationship with a skilled legal team is essential for navigating the legal process and securing a fair settlement.
Dog Bites
When a dog bites someone, the dog’s owner is usually financially responsible for any injuries and medical attention required due to the attack. Specifically, Illinois law states that if a dog (without provocation) attacks, attempts to attack, or injures any person who is lawfully present, the owner of such dog will be liable in civil damages for the full amount of the injuries. These cases often involve case evaluation, witness statements, and negotiations toward a settlement agreement.
Wrongful Death
A wrongful death occurs when someone dies as a result of another person’s negligence or wrongful conduct. If the deceased would have had grounds to file a personal injury lawsuit had they survived, a surviving family member (such as a spouse or parent) can bring a wrongful death claim on their behalf. Wrongful death cases often require extensive legal process work, including discovery process, expert witnesses, and negotiations for an appropriate settlement amount.
Assault and Battery
Assault and battery are referred to as “intentional torts,” meaning they involve deliberate harm rather than negligence. In these cases, the victim can file a personal injury lawsuit against the aggressor to seek compensation for injuries resulting from the attack. These cases can proceed through the litigation process, requiring the victim to gather evidence, secure witness statements, and possibly undergo depositions as part of legal proceedings.
Each of these personal injury lawsuits involves a unique legal process, and the timeline for resolution can vary significantly based on factors such as case complexity, the involvement of expert witnesses, and the need for depositions. If you believe you have a valid claim, consulting an experienced personal injury attorney can help you understand your rights and options.
What Factors Determine How Long a Personal Injury Lawsuit Take?
Several factors influence the timeline of a personal injury lawsuit, affecting how quickly a case moves through the litigation process and whether it is resolved through a settlement agreement or trial. Some of the key factors include:
- The Complexity of the Case: More complex cases require extensive discovery processes, where both parties must gather evidence, exchange witness statements, and review documentation. Cases involving expert witnesses, technical analysis, or multiple liable parties can significantly extend the timeline.
- The Amount of Damages Involved: If you are seeking a fair settlement for catastrophic injuries, expect a longer process. Defendants and insurance companies often push back harder against high-value claims, increasing the likelihood of drawn-out negotiations or trial proceedings.
- The Severity of Your Injuries: The more severe the injuries, the longer it may take to determine the settlement amount. Cases involving serious injuries often require prolonged medical treatment, and attorneys typically wait until a client reaches maximum medical improvement (MMI) before finalizing a claim to ensure all medical attention costs are accounted for.
- The Caseload in Your Jurisdiction: Some courts are backlogged, which can delay scheduling key events such as depositions, hearings, and trial dates. This is particularly relevant in jurisdictions with high litigation rates, where the legal team must navigate scheduling conflicts and procedural delays.
- The Defendant’s Willingness to Settle: If the defendant or their insurance company is unwilling to offer a reasonable settlement agreement, your attorney may need to escalate the case, adding months (or even years) to the legal process. It’s essential to have an experienced personal injury attorney evaluate any settlement offers before accepting them, as once an agreement is signed, it is legally binding.
Understanding these factors can help you set realistic expectations for your case review and make informed decisions about the best path forward.
Common Reasons Why a Personal Injury Lawsuit Might be Delayed
Even when handled by an experienced personal injury attorney, certain factors can cause delays in the litigation process, prolonging the time it takes to reach a fair settlement. Some of the most common reasons for these delays include:
- Delays in Medical Treatment: Since a personal injury claim is based on the extent of the plaintiff’s injuries, proper medical attention and documentation are crucial. Before a personal injury settlement can be finalized, doctors must confirm that the plaintiff has either fully recovered or reached maximum medical improvement (MMI). If treatment is ongoing, settlement discussions may be delayed until the long-term impact of the injuries is fully understood.
- Insurance Company Processing Delays: Insurance companies often slow down settlement negotiations, especially when large sums are at stake. They may deliberately drag out the legal process to pressure the plaintiff into accepting a lower settlement amount. In these cases, having a skilled legal team that understands insurance tactics can be crucial in pushing for a timely resolution.
- Lack of Cooperation from the Defendant: Defendants and their insurance providers may attempt to delay proceedings by refusing to respond to discovery process requests, providing incomplete information, or filing unnecessary motions. These tactics can force the plaintiff to spend additional time proving their case, further extending the timeline of the personal injury claim.
- Typical Trial Delays: Most cases are resolved through settlement negotiations, but if a case proceeds to trial, it can take months or even years to conclude. Court schedules, witness statements, expert testimony, and legal motions all contribute to trial delays. This is why many plaintiffs and their attorneys aim to resolve cases through a settlement agreement rather than litigation.
- Statute of Limitations Considerations: Each state imposes a statute of limitations that dictates how long a plaintiff has to file a personal injury claim. If a claim is not filed within this period, the plaintiff loses their right to seek compensation. While filing early can help avoid unnecessary delays, waiting too long to initiate the legal process can result in case dismissal.
Understanding these potential setbacks can help plaintiffs manage expectations and work proactively with their legal team to minimize delays in obtaining a fair settlement.
How Long Does a Typical Personal Injury Case Take to Resolve?
Every personal injury case is different, and as such, the amount of time it will take for the case to be resolved fluctuates. A lawsuit can last anywhere from a few weeks to a few years. However, the average case typically adheres to the following timeline:
- After hiring a personal injury attorney, that attorney will investigate the details of your claim. The attorney will need to obtain all of your medical records relating to the treatment you received for your injuries, as well as any related bills. This process usually takes at least a month after treatment is completed.
- If the insurance carrier does not make a fair offer, the attorney will file a lawsuit on your behalf. The complaint that the lawsuit is based on will articulate the facts of the case, supported by legal arguments.
- Next, the discovery phase occurs. During this phase, each party investigates the other side's legal claims and defenses. This process can last anywhere from six months to a year, depending on the court's deadlines and the complexity of the case.
- After the discovery phase, the trial will occur. At trial, each party must prove his or her case before the court. A personal injury trial can last a day, a week, or could even take months, based on the factors discussed above.
Need A Personal Injury Attorney? Contact Palermo Law Group Today
If you or a loved one were recently injured and are looking for a personal injury lawyer for legal advice, contact the Palermo Law Group. Our Oak Brook personal injury law firm consists of knowledgeable attorneys with over 25 years of experience litigating personal injury cases. We will do our best to ensure that you receive proper compensation for your injuries and medical expenses. Please contact us today at (630)-684-2332 or use our online form to schedule a free consultation with our attorney.
