March 8, 2022

How Long Does the Legal Process Take for Personal Injuries

Houston Personal Injury Lawyer

If you've been injured in an accident, you may be wondering how long the legal process will take before you see a resolution. The truth is, there is no one-size-fits-all answer to this question. Every personal injury case is unique, and the amount of time it takes to resolve will vary depending on the specific circumstances involved.

When dealing with a personal injury claim, the first step is to contact an accident lawyer. This attorney should be able to give you a preliminary estimate of how much money you may receive as compensation, as well as an idea of how long the legal procedure will take.

In general, most personal injury cases are resolved within two years. However, some can take much longer–especially if they go to trial.

This blog will cover when a judge may hear the lawsuit in court, how long it will take to receive a payout, and when you may expect any money from the matter. 


 

Introduction: What is a Personal Injury?

 

A personal injury claim is a type of injury sustained in an accident, usually due to another person's negligence. The injury victim may be compensated for their pain and suffering, medical bills, and other expenses. 

Personal injuries are also injuries that are not work-related or caused by a medical condition and can be physical, emotional, or financial.

A personal injury lawyer is a lawyer who specializes in representing people who have been injured in some way and are seeking compensation for their injuries. An injury attorney will help with what type of compensation you can expect to receive so that you can contact the appropriate legal professional for help.

How Long Does the Legal Process Take for a Personal Injury Claim?

Personal injury claims are one of the most common types of cases filed in court. The legal process can be long and tedious, but knowing how long it will take to get your compensation is essential.

The average personal injury claim can take over two years before it is resolved. This time can vary depending on the case's complexity and how much evidence there is.

The first step in filing a personal injury claim is to ensure that you have all the necessary information, like medical records and police reports, for your case. These documents will be crucial when you go to trial because they provide supportive evidence for your case.

How long does a personal injury claim take? It can be a long process from start to finish. The time it takes to settle a claim depends on the severity of the injury, the extent of medical treatment, and other factors.

In Texas, the time it takes for personal injuries cases to be filed and tried differs by court and jurisdiction. The longest it will take in most matters is around two years. However, in certain locations, a trial may begin sooner than expected.

The personal injury claim process can take six months to two years. The time it takes for a personal injury claim to settle also depends on whether or not there is an insurance company involved. Even with an insurance company involved in the process, more steps may need to be completed before any settlement can happen.

If you're curious about how long your specific case might take, be sure to speak with one of our experienced personal injury lawyers. They will give you a better idea of what to expect with regards to your particular situation.

What are Some of the Factors that Affect the Length of a Personal Injury Claim?

 

The length of a personal injury claim depends on the type of injury, the severity of the damage, and whether or not any other factors impacting the settlement of a personal injury claim.

Some factors that may affect the length of a personal injury claim are:

  • The type of injury.
  • The severity of the injury.
  • The complexity in determining liability for an accident.
  • Whether or not there is any medical treatment required for injuries sustained in an accident.
  • Whether or not there are any witnesses to an accident.
  • How quickly the insurance company responds to a claim.
  • The jurisdiction in which the case is filed.
  • Whether or not there is a trial.

Your personal injury attorney can assist you in determining how each of these variables might influence the conclusion of your case. They'll be able to tell you how long the suit will take and what you can expect.

What is the Typical Legal Process Length for a Personal Injury Claim?

A personal injury claim can take up to two years or more to finalize.

According to the Texas Civil Practice and Remedies Code, you must file a personal injury claim within two years of the date that it occurred if you want to receive compensation. If this is not done, you will lose your right to file a lawsuit and collect damages from the responsible party.

However, your claim may take longer than this time period. There are many steps in the legal process, including discovery, pretrial motions, trial, and appeals. It can sometimes take years to progress through all of these steps fully. 

If you or someone you know has been hurt in an accident, call one of our personal injury attorneys immediately. To ensure that your case is handled appropriately and that you receive the compensation you deserve, you will want to contact us as soon as you're able to begin the process.

 

The Importance of Knowing How Long Your Legal Process Will Take

The legal process can be long and arduous. This is why it is important to know how long your legal process will take.

It's critical to understand the procedure of filing a personal injury claim if you're injured. This can assist you in determining how long your case will take. The process generally begins with a consultation, followed by court action if required.

Starting Point

After receiving medical treatment, your next step should be choosing an experienced Texas personal injury lawyer to represent you. We can give you advice and hopefully make this ordeal as painless as possible. 

Not only does this relieve your burden, but it provides a way for you to focus on recovery while your attorney takes care of detailed work.

Your personal injury lawyer will talk about your accident, your medical condition, any treatments you've received, and other aspects of your case. They'll do an investigation that might take up to a few months after the accident. 

This is when you should speak with your experts, such as a medical records custodian or an accident reconstructionist.

Demand and Negotiation Phase

The next step is to put together a demand letter/package. Your lawyer will send this to the insurance company with all of the gathered information during the investigation, as well as evidence in support of your claim.

If you have already received medical treatment, you must provide copies of all medical bills and receipts so they can calculate your healthcare costs. You will also need to give them information about lost income and any additional expenses you have incurred due to the accident.

The insurance company will investigate your claim, which may take several weeks or months, before responding with an offer that they believe is reasonable based on all of our evidence.

Your attorney can then negotiate with the insurance company on your behalf and try to get a closer settlement to what you are expecting.

Lawsuit Filed

If both parties can't reach an agreement, or if the offer is too low, your attorney will file a lawsuit on your behalf. This initiates the legal process and starts the clock ticking on the two-year deadline.

Once the lawsuit has been filed, trial preparation will take about a year to commence. Your attorney will need time to prepare evidence and compile witness testimony, and conduct depositions of all parties involved in the case.

Discovery

The discovery process can last up to several months, depending on how complex your legal matter is. The discovery process is when both parties can exchange evidence and conduct depositions of witnesses under oath.

During this time, your attorney will be able to request information from the insurance company about their investigation into our accident and any other facts related to your claim (i.e., medical records).

Negotiation or Mediation

If both parties are still unable to reach an agreement, mediation may be the next step. An impartial third party will meet with each side separately and try to find common ground to resolve their differences without going to trial.

Trial Begins

The trial itself could last anywhere from a few days or months (or even years if it's a complex case). Once the trial is over, the judge will issue a decision. If you're not happy with the outcome, you may be able to file an appeal.

It's important to remember that this is a general overview of the legal process, and every case is different. Your Texas personal injury lawyer will be able to give you more information about your specific situation.

Understanding the Length of Your Legal Process Can Help You Make Better Plans and Decisions 

 

It is important to understand the length of your legal process to make better plans and decisions for your case. For example, if you know that your trial will take more than three months, you will be able to plan for this and not have to worry about whether or not you have enough time.

Personal injury claims can be time-consuming and complex. Still, a personal injury lawyer must be thorough in gathering and evaluating evidence to represent you. This will assist you in obtaining compensation for your damages.

At Rose Sanders Law Firm, PLLC, we understand that dealing with a personal injury can be overwhelming and stressful. That is why we do everything we can to make sure this process goes as smoothly as possible for you. If there are any questions or concerns along the way, please feel free to contact us at any time!


Rationale

In general, most personal injury cases are resolved within two years. However, some can take much longer–especially if they go to trial.

Some factors that may affect the length of a personal injury claim are:

  • The type of injury.
  • The severity of the injury.
  • The complexity in determining liability for an accident.
  • Whether or not there is any medical treatment required for injuries sustained in an accident.
  • Whether or not there are any witnesses to an accident.
  • How quickly the insurance company responds to a claim.
  • The jurisdiction in which the case is filed.
  • Whether or not there is a trial.

If you're curious about how long your specific case might take, be sure to speak with one of our experienced personal injury lawyers


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