If someone else’s negligence in Orlando has resulted in your injuries, you probably have questions, including, “How long will it take to settle my personal injury case?” The truth of the matter is that every case is unique.
At Payer Law Personal Injury Lawyers, our experienced personal injury attorneys can review your case and provide helpful legal guidance. We will give you a better understanding of what to expect; contact us at (407) 648-1510 for a free consultation. Here’s a breakdown of the factors impacting Florida’s personal injury case timeline.
Factors That Influence the Length of a Personal Injury Case
The time it takes to resolve a personal injury case varies and is impacted by several factors, including the severity of your injuries, the strength of evidence, and whether a lawsuit is necessary.
Type of Personal Injury Case
The nature of your personal injury case plays a significant role in the timeline. For example:
Car Accidents
If you are in a car accident in Florida, you must initially file a claim with your Personal Injury Protection (PIP) insurance. Florida law requires you to seek medical treatment within 14 days of the accident to qualify for PIP benefits. Insurance companies have 30 days to pay a claim once they receive notice.
If your injuries are severe and the claim surpasses PIP coverage, you may need to file a claim against the at-fault driver’s insurance. This can potentially extend the timeline for the process.
Complex Cases
Medical malpractice, workplace accidents, or cases involving multiple liable parties tend to take longer. This is due to the more in-depth investigations.
Every personal injury case should be evaluated based on its unique facts. Working with an experienced personal injury lawyer will maximize your chances of obtaining a resolution as quickly as possible.
The Severity of Your Injuries
The extent and severity of your injuries are critical in determining the length of your case. Your personal injury attorney will likely recommend waiting to settle until you reach maximum medical improvement (MMI) so as to maximize your potential compensation. MMI is the point at which your medical condition stabilizes, and you can reach it even if you still need ongoing treatment.
- Minor Injuries: Cases involving minor injuries may be resolved in weeks or months. Minor injuries generally require only limited medical treatment.
- Serious Injuries: Cases involving catastrophic injuries, such as brain injuries or complex fractures, often take longer to resolve. This is because the recovery process can be lengthy. The additional time will allow your attorney to estimate both current and future medical expenses better. You want to ensure that any settlement reached is comprehensive.
Since a settlement is final, knowing the full extent of your injuries and future medical needs is essential. Don’t accept a settlement before talking with an attorney.
Quality of Evidence
Strong, compelling evidence can significantly speed up the settlement process. If your case has clear documentation, such as medical records, police reports, and eyewitness statements, insurance companies may be more inclined to settle. Conversely, weaker evidence could lead the insurer to delay or challenge the claim. This may result in lengthy litigation.
Settlement Negotiations
Settlement negotiations play a large role in determining the timeline of a personal injury claim. Experienced negotiators, like the attorneys at Payer Law Personal Injury Lawyers, can help maximize your claim’s value. We will build a strong case and pursue a fair outcome on your behalf.
How Long Does a Personal Injury Lawsuit Take?
Negotiations don’t always lead to a satisfactory settlement. When this happens, filing a lawsuit may be necessary. In Florida, the statute of limitations generally gives you two years from the date of injury to file a personal injury lawsuit.
Filing a lawsuit may seem daunting. Keep in mind that many cases settle at various stages in the litigation process. Here’s what to expect in a personal injury lawsuit timeline:
After Filing a Lawsuit
Filing a lawsuit may prompt an insurance company to offer a reasonable settlement. Large insurance companies generally try to avoid large jury verdicts and unfavorable publicity.
Discovery
The discovery phase is when each side gathers information and exchanges evidence. Discovery can include document requests, depositions, interrogatories, and admissions. This phase gives both sides a better sense of the case’s strengths and weaknesses. This stage can often lead to a settlement before trial.
Before Trial
Even after discovery, cases continue to go through a pre-trial process. This pre-trial process includes motions and additional conferences. Many cases settle before ever reaching trial, as trials are costly and time-consuming.
Before or After a Verdict
In some situations, parties reach a settlement during the trial or even after a verdict is issued to avoid the appeals process.
Benefits of Settling Through Alternative Dispute Resolution
Mediation and arbitration are common forms of Alternative Dispute Resolution (ADR). These alternative methods can expedite the resolution of a personal injury case, streamlining the process and reduce the time it takes to reach a settlement.
Contact an Experienced Orlando Personal Injury Attorney at Payer Law Personal Injury Lawyers
Contact Payer Law Personal Injury Lawyers for a free consultation if you’ve been injured due to someone else’s negligence. We will answer your questions, explain your options, and work to ensure the best possible outcome. Reach out to us today at (407) 648-1510 to begin your path toward recovery and justice.