Photo by Pixabay on pexels.comIf you are the victim of a serious injury, filing a personal injury lawsuit is likely the last thing on your mind. But when it comes to recovering the damages you need to pay your medical bills, a lawsuit is often the only recourse available.
Unfortunately, timelines for personal injury cases are inconsistent: they could last anywhere from a month to years. The best way to get a sense of how long your settlement could take is to work with an experienced Northern New Jersey personal injury attorney. In general, however, there are a variety of factors that can impact how long your personal injury case might take to resolve. I’ll tell you more below, and how Buttafuoco & Associates can help if you need it.
Is a Quick Settlement Always Right?
While the idea of getting a quick settlement after an injury is certainly enticing, in reality it is important to dedicate time to the process. This will make the likelihood of you recovering a fair settlement more likely.
Typically, an insurance company will not extend an initial offer that will cover your medical expenses, so expect to negotiate when you want to get the best settlement for your injuries. Keep in mind that your insurance adjuster is trained to avoid paying, and striking a deal can be challenging.
If you are struggling to negotiate a fair settlement after an accident, working with a personal injury lawyer in Northern New Jersey may be necessary. Attorneys are familiar with insurance companies’ strategies and have tactics of their own to help you get a fair settlement. In fact, victims who work with lawyers collect significantly higher settlements than those who do not. A lawyer can also make the process go more quickly. To get a clearer sense of how long your case might take, a free consultation with Buttafuoco & Associates may be helpful.
How Long Can I Expect my Case to Take?
It’s difficult to say how long a personal injury settlement case will take without looking at the details. Each and every situation is different, and while one case may settle in a month, another could take years. It is also quite common for these cases to take an extended period of time to resolve, often a year or more.
In general, the more complex the case, the longer it will take to resolve.
Factors that influence the timeline include:
- Availability and type of evidence, including how complex the evidence is
- The degree of injuries and how complex they are
- The ability to negotiate a reasonable settlement
- Whether or not a lawsuit is filed
To use an example of a case that could resolve relatively quickly, let’s look at a car accident where one driver failed to stop and rear-ended the vehicle in front of him.
In this case, the evidence is apparent and not particularly complicated: police can determine the speed the vehicles were traveling and how long it took to stop. Police reports and doctor’s documentation can also make it easier for victims to negotiate, whether on their own or with assistance from a personal injury attorney.
If we look at a more complex car accident case, however, things get trickier.
Let’s say the case involved a driver who collided with a semi truck. In this case, we have more parties to deal with: the driver of the truck, as well as the trucking company. In addition, if there are issues with the truck itself, it could be challenging to determine whose responsibility the accident was: the driver’s or the manufacturer’s?
As you can imagine, this type of case could take significantly longer than the first.
Not only will there be medical records to review, but also information about the vehicles, the company, and more. Depending on the number of witnesses present, this could also create complexities and delays, especially if they did not all perceive the accident in the same way.
The discovery process, where attorneys gather evidence, can also take significantly longer depending on the amount and type of evidence. The possibility for additional medical exams and requests to obtain medical records can delay the process further. While New Jersey law allows a maximum of 300 days for the discovery process in car accident or slip and fall cases, the timeline for medical malpractice and longer cases can be 1.5 times as long–up to 450 days.
On top of this, extensions can also occur.
The degree and complexity of injuries can also extend the settlement process. If you have a clean break of your arm that will heal in a specific amount of time, the settlement process may happen relatively quickly.
If, on the other hand, you sustain an injury that causes years of chronic pain or will take an indeterminate amount of time to heal, the case could take significantly longer. This becomes even more true if the responsible party denies fault, or claims that your injuries are not exhaustive. As you work with your doctors, even if the timeline is slow, remember that once a settlement in your case is reached, you cannot request more compensation at a later date.
How an Attorney Can Help
There are many ways a Buttafuoco & Associates attorney serving Northern New Jersey can help with your personal injury claim. From handling correspondence with insurance companies to notifying you of settlement offers, they can save you time and stress. An attorney will also be charged with obtaining and reviewing evidence to create a strong strategy for your case under New Jersey personal injury law. They are also invaluable in the negotiations process and can help you get the compensation you deserve to cover your medical treatment, and lost wages.
If you aren’t sure whether you have a case, get in touch with Buttafuoco & Associates for a free consultation at 1-800-NOW-HURT today. We can tell you more about your case and your rights.
