How Long Will It Take to Resolve My Personal Injury Claim?

May 21, 2020
How Long Will It Take to Resolve My Personal Injury Claim?

Along with many uncertainties, the amount of time it will take to resolve your personal injury case is difficult to estimate. Every case is unique, and a wide range of factors may affect how long it takes to reach a resolution. 

In order to provide an approximate timeframe for your case, a lawyer would have to review all the relevant facts and conduct a thorough investigation. Whether a claim is settled out of court or proceeds to litigation—and perhaps all the way to trial—typically plays a major role in determining the duration of the proceedings. 

Below are a few factors that could impact the amount of time it takes to resolve your personal injury claim:

1. Whether Several Parties Are Liable

It’s not uncommon for liability to be shared among many parties in a personal injury case. Multiple defendants can be held liable for a plaintiff’s damages, for instance. In some scenarios, the plaintiff might share liability with the defendant. 

In these kinds of cases, parties may dispute their level of liability. If parties reach an impasse, your case is more likely to enter litigation. A skilled personal injury attorney can gather evidence and develop strategies to avoid or mitigate such disputes.

2. Whether You Made Mistakes

Decisions you make after sustaining a personal injury can profoundly shape the timeline of your case. Have you posted about the accident on social media? Did you fail to abide by your doctor’s orders? Any statements you make, before or after filing a claim, can influence the time it takes for the case to reach its resolution. 

Information you share online or with the insurance company may also be used to challenge elements of your claim, increasing the likelihood of disputes. If you failed to follow medical advice, for instance, the opposing party may argue that you were negligent since you did not take reasonable steps to prevent your condition from worsening. As a result, you could be held liable for at least a portion of your alleged damages.

3. Whether You Are Seeking a Sizeable Settlement

Generally speaking, insurance companies are less incentivized to invest time and energy in cases where claimants pursue smaller settlements. If, however, you are seeking sizeable damages, the company may resort to extreme measures to gather evidence to challenge your claim. 

Your social media profiles may be monitored and your residence could be placed under surveillance. You might have your medical records analyzed by investigators, who are looking for evidence that you failed to heed professional medical advice or missed doctor’s appointments, or that you had a preexisting condition to which some or all of your damages may be attributed. Insurance adjusters can resort to a wide variety of strategies to challenge your claim.

4. Other Factors

There are many other factors that can lead to disputes that have the potential to draw out your case. For instance, if you had a preexisting condition that was aggravated or exacerbated in the accident, the insurer might challenge causation. The best way to find out the kinds of disputes that are most likely to arise in your case is to speak with an experienced personal injury trial attorney.

Discuss Your Case with a South Carolina Personal Injury Lawyer

The attorneys at Hodge & Langley Law Firm have more than 50 years of collective experience in trial practice. We understand how to effectively pursue strategies for the disputes and complications that typically arise in personal injury cases. For a free consultation with a personal injury attorney in South Carolina, call 864-585-3873 or send a message HERE.

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