How Long Does a Personal Injury Lawsuit Take

How Long Does a Personal Injury Lawsuit Take

How Long Does a Personal Injury Lawsuit Take

How long does a personal injury lawsuit take? Since every case is unique, a personal injury lawsuit can take anywhere from a few months to several years. Most cases are resolved in 12 to 14 months on average. However, some cases may be settled sooner, while others can take years, especially when litigation is required.

The timetable for resolving a claim depends on several factors, including the severity and complexity of the injury, as well as the liability. Continue reading to learn more, or contact us for a case review by an injury lawyer in Zephyrhills, FL.

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Personal Injury Lawsuit Timeline

There are several distinct phases to most personal injury lawsuits. They include:

  • Immediate Aftermath: Your actions immediately following a serious accident can affect the strength of your case. Seek immediate medical attention to document your injuries.
  • Find an Attorney: Once your medical condition has stabilized, hire a lawyer. An experienced personal injury lawyer can help you navigate the legal system and deal with insurance companies on your behalf. They will also work to maximize the compensation you receive.
  • Starting an Investigation: After you hire Kevin Sullivan, our legal team begins an independent investigation on your behalf. This may involve examining your medical records, collecting evidence at the accident site, or interviewing eyewitnesses to establish the truth of your claim.
  • Filing an Injury Claim: Armed with the necessary facts and evidence, your lawyer will send the insurer of the party at fault a letter demanding payment. This informs the other party that you intend to sue for compensation.
  • The Discovery Process: After your claim is initiated, discovery can take between six and twelve months. Both parties exchange documents, gather evidence, and investigate any disputed facts during this phase.
  • Mediation or Negotiation: After discovery, the parties usually try to avoid a trial by settling through mediation or negotiation. This process may take several months.
  • Going to Trial: If you can’t settle, your case may go to trial. It can take several months to get a trial on the court’s docket. Settlement negotiations often continue during the court proceedings.
  • A Verdict: After the judge and jury have heard and considered both sides’ arguments, they will render a verdict. If the verdict is in your favor, the court will determine the amount of compensation you are entitled to.
  • Compensation: Depending on the verdict, you may receive a lump sum payment or smaller payments in regular installments.

When Should I Settle My Personal Injury Claim?

Most people who have suffered a serious injury want to settle their claim as soon as possible so that they can get on with their lives. It’s understandable. However, if you settle too quickly, you may be shortchanging yourself. Settling too soon makes it less likely that you will receive the full compensation needed to cover all of your medical costs and other losses.

Good lawyers will encourage you to get all the medical care you need and to wait until you reach maximum medical improvement before settling your case. This means that your condition will not improve with further treatment. 

It may be difficult to assess the value of your claim if you are still in recovery.

Factors That Might Slow Your Settlement Down

Each personal injury case is different. It’s impossible to predict exactly how long it will take to settle your case. However, you can consider the following factors to understand how they may affect your injury claim.

Here Are the Factors That May Slow Down Your Injury Claim Settlement:

Your injuries and the nature of your accident

Simple injury cases with an obvious at-fault person are easier to prove than more complex cases, such as medical malpractice.

If you have been injured in an accident, your settlement could be delayed. Florida has no-fault auto insurance, so you and your attorney must prove that you have met a legal threshold to file a lawsuit or liability claim against the driver at fault.

How quickly your injuries heal

If you have minor injuries like superficial cuts or simple fractures, your case will be settled relatively quickly. If you have suffered catastrophic injuries that will change your life, it could take years to settle your case. The recovery process is not always straightforward. If you experience complications, the time it takes to reach your maximum medical improvement may vary. A lawyer can help you monitor your recovery and calculate your losses.

Who was involved?

In personal injury cases, Florida follows a doctrine called pure comparative negligence. According to this doctrine, the parties at fault are responsible for financial damages based on how much they were at fault. Things can get complicated if multiple parties are involved in the incident that caused your injuries. Due to the complexity of multiple parties who may be liable and the increased incentive for insurers to shift blame, it could take a long time to settle.

Who is at fault for your injuries?

The person who caused your injuries will have a significant impact on the timeline for settlement. Some defendants may settle quickly to avoid the cost or publicity of a lawsuit. Others may want to protect their bottom line by refusing a settlement, leading to an extended legal battle. Professionals and large corporations concerned about their reputation may fight to protect it.

The attitude of the insurer

If you are using the party at fault, your settlement speed will be heavily influenced by the attitude of their insurance provider. Insurance companies will often try to maximize their profits by denying or minimizing coverage for rightful claimants. Expect a longer settlement if you have a high-value claim. Many expensive injury claims do not settle until the case is brought to court. Insurance companies know that injured victims are in a desperate situation and may delay the settlement as long as possible to pressure the victim into accepting a low offer.

If your case is settled before trial, the majority of personal injury cases are settled through negotiations or mediation. If the insurance company or the party at fault refuses to settle for a fair amount, you might be forced to file a lawsuit to get the compensation you deserve. The caseload in your jurisdiction, the judge’s schedule, and last-minute delays can all affect how long it takes to get your trial on the court calendar.

How Long Does a Personal Injury Lawsuit Take

Settling Your Injury Claim is Serious Business

Understanding that the settlement of a personal injury claim is usually final is important. Accepting compensation from the other side means you forfeit your right to ask for more money in the future. You cannot ask for additional money if your injuries become more severe or you discover new evidence.

It’s important to have patience and consult with an attorney who is knowledgeable about the process. They can help you decide what path to take. Kevin Sullivan can guide you through the entire process, ensuring that you receive a compensation claim that meets all your needs.

Get in Touch With Our Personal Injury Attorneys for Help

Working with an experienced personal injury attorney is the best way to ensure you receive your settlement as quickly as possible. 

Kevin Sullivan has been providing full-service legal representation to injured victims in Zephyrhills, FL. We understand how a serious accident can affect your life and are dedicated to assisting you in every aspect of recovery.

Call us at (813) 598-4868 to schedule a free consultation.

Call us at (813) 598-4868

I am proud to serve multiple cities from convenient office locations (By Appointment*).

5720 Gall Boulevard, Ste 4

Zephyrhills, FL 33542

27642 Cashford Cir, Suite #110

Wesley Chapel*, FL 33544

5006 Trouble Creek Rd, Ste 205

Port Richey*, FL 33652


3900 First Street North, Ste 100

St. Petersburg, FL 33703


1111 Oakfield Dr, Ste 15B

Brandon*, FL 33511


110 N 11th St

Tampa*, FL 33602

Contact Accident Attorney Kevin L. Sullivan II TODAY at (813) 598-4868 for a FREE no-obligation consultation. I look forward to assisting you with your claim!

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