The time it takes to get a personal injury settlement depends upon the facts of your case and legal objectives. However, a personal injury lawyer could potentially settle it in as little as several months or as long as several years.
There are phases that your case must go through, including the completion of medical care, assessing damages, and negotiating with insurance companies. If the disputed claim does not settle satisfactorily through negotiations, the next step is to take your case to trial.
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This article will help you understand the elements that influence the timeline of a personal injury case, including medical improvement, assessments, negotiations, and potentially, civil court. We will conclude by learning more about getting legal help when you need it.
Elements Affecting Your Personal Injury Case’s Timeline
It is difficult to predict how long it will take for your personal injury accident to settle. This time will vary depending upon the facts of your case, evidence, the statute of limitations, and other elements.
Below, you can find a high-level timeline by which your settlement might follow:
- Maximum medical improvement (MMI): Between several months several years.
- Damages assessment: Between several months to years.
- Insurance negotiations: Between a few months to several months.
If you experienced “minor” injuries and the fault is clear, your claim or lawsuit might go quicker than compared to a person who suffered traumatic injuries in a multi-vehicle collision. By hiring a personal injury lawyer, he or she will protect your rights while actively representing you to the insurance company, which reassures you that your case is going as quickly as possible.
Maximum Medical Improvement: Several Months to Several Years
MMI is a status that signifies no further medical intervention will improve your health. It is crucial to reach your MMI prior to settling your personal injury claim so that your lawyer demands an equitable civil award. If your doctor believes you have made a full recovery or hit MMI, then your attorney will move forward.
Alternatively, your attorney may request an opinion from your medical provider to determine if you will need ongoing medical treatments or surgery, as well as a comprehensive estimation of your future costs. These requests are typically a time-consuming part of the process since they need thorough reporting.
Damages Assessment: Several Months to Years
Knowing how much you lost because of the accident is essential to settling your case. Typically, computer software and the opinion of a front-line insurance adjuster decide the outcome of your first settlement offer.
Without evidence and expert opinion, it is hard to get the money you deserve for all of your harm. As such, your attorney will document your financial and emotional damages with admissible evidence that is proper.
Doing so will provide him or her with the foundation necessary to negotiate money for:
- Past, current, and ongoing medical expenses related to the accident
- Lost work wages for missed time and future earning capacity
- Wrongful death and survivor action awards for surviving family
- Physical pain and suffering, mental anguish, and emotional distress
- Punitive damages for acts involving gross negligence
- Other damages as recoverable under federal and state laws
As you can see, there are numerous types of compensation available but depend upon your circumstances. Working with a New Mexico personal injury lawyer will ensure that you handle this vital part of your case’s groundwork.
Insurance Negotiations: Between a Few Months And Several Months
Once your lawyer has gathered the necessary evidence, he or she will draft a demand letter to your insurance company. Your attorney may send this letter before or after understanding your medical outlook conditional on your situation.
This letter to your insurance company generally includes:
- A detailed outline of your case’s facts
- A statement about the injuries you suffered
- Your future prognosis and overall outlook
- An itemization of your past, current, and future damages
- The total amount of money you are claiming
- A hard deadline of when the insurance company must respond
In this phase of your claim, your attorney will begin negotiations. Once the insurer reviews your demand letter, they will either approve, deny, or request additional information. This process can take a few months or several months, depending upon your case.
If Your Matter Goes To a Judge or Jury Trial: Between Six Months And Multiple Years
At no point during your claim will an attorney force you to go to trial. However, they may recommend this option if they think the cost will outweigh the benefit.
Fortunately, if you decide that filing a civil lawsuit is the most viable option, then the lawyer with whom you are already working will provide continuity in your claim. More than 95 percent of personal injury matters settle before going to trial in the United States.
Contact a New Mexico Personal Injury Lawyer for a Free Case Evaluation
You do not have to settle for inadequate legal representation. For a Free Case Evaluation, call Grano Law Offices, P.C. now at (505) 426-8711 or message us using the form below. We do not charge you anything upfront to represent your claim.
