When it comes to personal injury claims, settlement usually occurs within ONE year from the date that the claim is filed. If case involves serious injuries or an unsettled case that goes to trial, it can take from 2-5 years to received compensation. Ultimately it will depend on the severity of the injuries and the associated claims. If your injuries are relatively minor, the case is typically settled rather quickly.
Some examples are:
- Auto accident cases – clear fault and injuries (non-complicated)
- Commercial defendants/Premises liability claims
- Catastrophic injury claims
- In some cases, a settlement does not come to fruition and a personal injury lawsuit goes to trial.
Ultimately, the victim has to prove that they were not at fault and the third party caused their injuries. The plaintiff (the person who was injured) has to show that the defendant owed a legal duty of care to the person who sustained injuries in the accident. They must also prove that the defendant has not fulfilled legal duty by doing or not doing something that caused the victim to suffer damages and loss.
Some of the damages that are weighed before a case is settled are:
- Pain and Suffering – You, as the victim, have the right to seek compensation for your physical pain and mental anguish that you are going through because of the injuries sustained in the accident.
- Medical Expenses for Treatment – The victim is eligible to receive compensation for all medical expenses incurred for the treatment of injuries as a result of the accident. The victim also has the ability to claim for the compensation that is designated for future medical expenses.
- Damages that Result in Loss of Earnings – You are eligible to receive financial compensation for loss of earning capacity because of your accident-related injuries. What qualifies as recoverable are lost wages or salaries, bonuses, commissions, and fringe benefits.
- Loss of Future Earning Capacity – You are able to file a claim to recover the value of your future earning capacity if you are unable to work as a direct result of the accident.
- Damages that Lead to Wrongful Death – Your wife, parent, or child are eligible for damages for wrongful death claims. Everyone who is connected by blood or marriage, or who is dependent on the deceased, can request rightful recovery.
- Deformity – You can also file for compensation associated with deformity with respect to marks or scars caused by the injury.
Settlement time will always be unique to the case and circumstances.