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How Long Does Lawsuit Take To Settle?

How long does lawsuit take to settle? Buchanan, Williams & O’Brien in Missouri has all the information you need about lawsuit settlements. Book an appointment with us today.

We are personal injury experts who have achieved results for our clients in Missouri for over 40 years.

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How Long Does Lawsuit Take To Settle?

If you or your loved one has suffered personal injury or harm due to the actions of another, you have the right to be compensated for the harm you’ve suffered and any expenses or losses you incurred due to the other party’s actions.

In some instances, such as if your injuries resulted from a car accident, you can get compensation by filing an insurance claim with the at-fault party’s auto insurance provider. The insurance company will assess your claims and pay you the amount you deserve.

You can also seek compensation by initiating a personal injury lawsuit against the person responsible for your injury. But because lawsuits are costly and generally take a while to conclude, many people have reservations about filing personal injury lawsuits. They will only do so as a last resort, especially if the liable insurance company or party is uncooperative.

If you have similar reservations, you’ll be happy to know that most personal injury claims or lawsuits are not resolved through the trial process but by out-of-court settlements negotiated between the parties. This is good news because settlements usually take less time to conclude than full trials.

However, the duration of the settlement process varies with each case depending on the presence or absence of certain unpredictable factors. Below we discuss some of these factors to help you manage your expectations if you intend to settle your lawsuit. Keep reading to learn more.

Factors That Affect the Duration of Lawsuit Settlements

Some of the factors that could affect the settlement of your personal injury case include the following:

The Complexity of the Case

A complex personal injury case, such as a case involving multiple parties, would likely take longer to resolve than cases where only two parties are involved. This is because it is more difficult to determine who is at fault and establish liability in such cases.

Sometimes because of the complexities involved, it may be better to allow a judge and jury to unravel the facts and reach a decision on the case to ensure everyone is treated fairly. Consult a personal injury attorney to determine if this approach would benefit your case or whether a settlement offers you a better chance of success.

The Severity of the Injuries

The extent of your injuries could also affect the settlement process. If you suffer severe injuries that require extensive medical treatment, you need to ensure that the settlement is enough to cover the costs of such treatments.

This also applies if your injuries have resulted in a temporary or permanent disability that could affect your ability or capacity to work. You’ll need to ensure that your settlement takes your medical bills and lost past/future wages into account.

To get a fair settlement in such cases, you may need to consult extensively with your doctors so they can properly assess your injuries or the extent of your disabilities, the type of treatment you need, the cost, and your chances of making a complete recovery.

The medical consultation process could take a lot of time which could further prolong the settlement process. But it’s not a step you’ll want to bypass because its outcome can help to solidify your personal injury claim.

The Willingness of the Parties

Settlement negotiations only work when all the parties involved are committed to resolving the dispute out of court. An unwilling party may delay the settlement by refusing to agree on critical issues. Unless such a party comes around, the settlement process will likely fail, and the case must proceed to trial.

Whether the Parties Have Legal Representation

The settlement process could take less time to conclude if both parties are represented by personal injury attorneys. With their legal training, experienced personal injury attorneys understand how to isolate crucial issues from the available facts. Even if tensions get high, they can help the parties focus on the necessary issues to help them reach a decision.

Personal injury lawyers are often skilled negotiators, and their primary goal is to represent their client’s interests and ensure the settlement benefits them. Going through the settlement process without an attorney could put you at a disadvantage, especially when the opposing party is represented by one. As such, it is important that you get an experienced personal injury lawyer from a reputable law firm to negotiate on your behalf and help you obtain a satisfactory settlement where possible.

 

When Should You File a Personal Injury Lawsuit?

Filing your personal injury lawsuit as soon as possible is important, even if you’d prefer to settle your personal injury claim out of court. This is because, by Missouri’s statute of limitations on personal injury, you only have five years from when you were injured to initiate the personal injury claims process. Once this deadline passes, you would be unable to pursue your personal injury claim/lawsuit any further.

In cases where it is possible to resolve your case and claim compensation from the other party’s insurance company without going to court, you also need to be mindful as time passes during the insurance claims process. Some insurance companies may delay processing your claim until the statutory period runs out to avoid paying you.

If you’re already in such a position and your claim is being delayed or denied, you do not need to wait endlessly for the insurance company to act. Once you observe their unwillingness to process your claim and pay you what you deserve, consider involving your personal injury lawyer immediately before you run out of time. They can help you begin the personal injury lawsuit process and work to ensure your lawsuit concludes on a positive note.

Filing a lawsuit can also show the insurance company how serious you are about pursuing your claim, making them more likely to initiate a settlement.

Get Help With Your Personal Injury Lawsuit and Settlement Negotiations at Buchanan, Williams & O’Brien

The many variables involved make it difficult to determine how long it takes to settle a personal injury lawsuit. But having quality legal representation can significantly expedite the settlement process and increase your chances of a successful outcome.

At Buchanan, Williams & O’Brien, we offer quality legal services that could help you succeed with your personal injury case. Our personal injury attorneys are fierce negotiators, so you can rely on us to protect your interests during settlement negotiations. We can also assess your case to determine whether a settlement would benefit you instead of litigation and advice you accordingly.

Regardless of the path you choose, our goal is to help you stand up to those who are liable for your injuries and fight for your entitlements using our legal knowledge and extensive experience with personal injury cases.

So, if you have questions about your personal injury lawsuit settlement, do not hesitate. Call us today to speak with an attorney and learn your options.

 

Frequently Asked Questions About Lawsuit Durations

How Long Does It Typically Take to Reach a Settlement in a Personal Injury Lawsuit?

The duration varies widely depending on the complexity and the parties involved. Simple cases may settle within a few months, whereas more intricate situations, especially those involving severe injuries or multiple parties, might take years to conclude.

What Can Delay the Settlement of a Personal Injury Lawsuit?

Delays can occur due to several factors such as the severity of injuries requiring extensive medical assessments, uncooperative opposing parties, or legal complexities. Additionally, if a case goes to trial rather than settling out of court, this can significantly extend the timeline.

How Does Having a Personal Injury Lawyer Influence the Duration of a Lawsuit?

Having skilled legal representation can streamline the settlement process. Experienced attorneys work efficiently to isolate key issues, negotiate effectively, and advocate zealously on your behalf, potentially speeding up the settlement timeline.

Can the Nature of the Injuries Affect the Lawsuit Duration?

Yes, severe injuries often require prolonged medical treatment and extensive documentation to ensure adequate compensation, which can delay the settlement. Conversely, cases involving minor injuries may resolve quicker as less medical evidence is needed.

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