5 Factors That Affect the Length of a Personal Injury Claim
If a person gets injured due to another individual’s negligence or intentional actions, the injured person has the right to file a personal injury claim against them. A personal injury claim is a legal process that allows the victim to pursue compensation for the damages they have faced due to the accident. The damages can include all the economic and non-economic losses the victim faces, such as loss of wages, medical bills, pain and suffering, etc.
Although most personal injury cases settle quickly, some cases take longer. Some could even take several months or years to resolve and settle the issue. This can be due to various factors, such as the duration of your recovery period or other disputes. This blog lists five factors that can affect the duration of a personal injury claim.
1. Severity of Injuries
One major factor that affects the duration of a personal injury claim is the degree of the victim’s injuries. If the victim has sustained head injuries, soft tissue injuries, back injuries, etc., the extent of the damages needs to be determined to estimate the compensation they deserve. The victim must get to their maximum medical improvement (MMI) so future medical requirements can also be determined.
For example, after a car accident, persons A and B suffer some injuries; while person A has minor injuries like a few scratches, person B has severe injuries like broken bones and possible traumatic brain injury (TBI). In such situation, person A can recover quickly and get compensation, unlike person B, who might have to go through several check-ups, possible surgery, determine the extent of the TBI, etc.
2. Clarity of Liability
Not all personal injury cases are straightforward. If an accident does not have clear proof of liability, it will likely need more time to settle. Disputed liability will require more time as the involved parties may need to conduct further investigations and negotiations. A person’s liability can be proved with the help of evidence such as:
Police Reports: This report is made by law enforcement officials who come to the accident scene. It is seen as a neutral point of view of the scene and who the police think is at fault.
Surveillance Footage: Video evidence of liability can significantly strengthen a personal injury claim. As most areas have CCTVs, victims could get footage of the accident to support their claim.
Witness Statements: The victim could take statements from witnesses at the accident scene. They can provide an unbiased perspective on what happened at the accident spot.
3. Insurance Company Response Time
Insurance companies often employ bad faith tactics to delay payouts and pressure victims into accepting low settlements. Though not all insurance companies do so, it is always better to hire a lawyer so they can handle such issues. There could also be other reasons why insurance companies delay the claims process, such as:
Undisclosed Information: Victims must disclose all the necessary information to conduct an investigation and initiate the process.
Lack of Documents: Victims must provide supportive documents when filing the claim. Failure to do so could delay the process or lead to insufficient funds.
Not Adhering to the Claims Process: Victims must follow the established process, fill out the required forms without errors, and provide supportive documents.
4. Legal Proceedings and Negotiations
If negotiations with the defense do not work out, the victim might have to file a lawsuit. A lawsuit will take more time as there are various procedures to follow, such as:
Filing the Lawsuit: The victim must draft and file the complaint to the appropriate court. It will then be served to the defendant, after which they will have to respond to the complaint within a specific period.
Discovery: Both parties will have to disclose all information and evidence they have to the other so they can prepare for the court.
Trial: If no alternative form of dispute resolution works, the case goes to trial in court with the presence of a judge or jury.
5. Complexity of the Case
It will likely take a while to settle in situations where the claim involves multiple parties. They may need additional documentation and more time to conduct investigations. Such cases may also require expert testimonies, such as medical experts, accident reconstructors, etc., to better understand the case.
