How Long Does It Usually Take to Close a Personal Injury Case?

Personal injury claims may take anywhere between two weeks to two or more years depending on the factors of the case and the complexity of the subject matter. The more difficult it is to understand the issues within the case, the longer it may last in a courtroom or for a jury to deliberate with the evidence available.

The Range of a Personal Injury Claim

The difference in the time it takes an average claim to progress usually depends on the elements of the case and determining certain issues such as liability. If the liable party is a company or multiple others, this could extend the time of the claim significantly. The more complex the claim, the greater the time it takes to explain and progress the subject matter. The judge or jury may require additional time to deliberate and proving negligence or a breach of the duty of care could extend the case further. The lawyer may also require additional time to find and question witnesses.

The Factors a Personal Injury Case

The factors involved in a personal injury case usually revolve around the negligence of the defendant or a breach of the duty of care owed by a company or entity. When a breach happens with this duty, it is often the breach that leads to the injuries. Then, the lawyer will need to prove this to hold the defending party liable for the injuries and other damages owed through compensation in a personal injury claim. Many pieces of evidence are difficult to understand without an expert witness or if a forensic expert is necessary, this could further complicate the claim.

The Type of Personal Injury Case

There are different types of claims that the individual may face such as an accident on the road, premises liability and products that have defects which cause injury. Depending on these different variations that involve a personal injury, the time that it takes to resolve the matter may range greatly. Some elements of these cases require the need to prove negligence, a breach of the duty of care or even breaches in contracts that lead to the individual injury of a client or customer. The more parts to the case exist, the longer the lawyer may need to prove the subject matter.

Negligence may complicate the personal injury claim because the plaintiff must prove four elements and then explain the reasonable compensation for recovery and all other included damages. If an expert witness is necessary to help assist and explain the issues, this could also extend the time. Ranges of increases may change the endpoint conclusion by weeks, months or even years. Medical treatment that occurs during the initial stages of the claim could push back the start date of introducing certain aspects as well. The lawyer may need extra days or weeks to prepare certain witnesses to include the plaintiff.

Complications to the Claim

There are numerous issues that may arise within a personal injury case that could create complications, difficulty in progressing and proving the claim. These may exist in negligence, contract disputes that cause injury, premises liability and product defects. The courtroom proceedings may require the services of no less than one expert to explain matters and a removal of confusion for more complex subject material. If the personal injury incurred is through economic losses, this type of case may require the help of an electronic, accounting or forensic expert witness. This complicates the time of the case and may extend it for additional weeks or months.

Factors that Affect the Time

Insurance carriers may require the services of a lawyer, but without a legal professional, the matter may take a prolonged period to resolve. The policyholder may suffer injuries that require hospitalization or other problems may arise. Other factors exist in factual complications with the conflict between parties and what is known about the issue, medical treatment and documentation and significant economic involvement with larger amounts of money. Big businesses may defend the claim and cause the lawsuit to last for years.

Legal Help for a Personal Injury Claim in Average Time

When there are few difficulties in progressing through the personal injury claim, it is usually because the victim hired a lawyer. This legal professional will assist in protecting the client from various problems and seek the best possible compensation for the injuries. Through his or her services, it is possible to inform the judge or jury of all factors in the case.

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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws they may affect a case.

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