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How Long Does It Take to Settle My Personal Injury Case?

April 25, 2024

How Long Does It Take to Settle My Personal Injury Case?

Whether you were injured when you slipped on a wet floor, were hit by a distracted driver, or fell off defective scaffolding, you likely have a personal injury claim. While litigated cases may be resolved in less than one year, more complex cases can take a year or more to resolve.

Keep in mind that not all personal injury cases will be scheduled for trial. It is estimated that 95% of personal injury cases are settled out of court. Even if your personal injury matter is resolved through insurance, the negotiation process is no less cumbersome.

The Nashville personal injury lawyers at Raybin & Weissman, P.C., are here to discuss what factors may affect your settlement timeline.

Severity of Your Injuries

If you sustain minor injuries, you are more likely to settle your case sooner. If you have bumps and bruises, an insurance company will be more willing to pay on your claim.

Alternatively, if you suffer a catastrophic injury, insurance may counter-offer numerous times, repeatedly offering you a settlement that does not come close to covering your medical bills.

Future Medical Needs

Understandably, the recovery process has its ups and downs. If your accident requires surgical intervention, you may be asked to attend physical therapy to expedite your recovery. If you are still in significant pain following physical therapy, you may require further surgery.

It is often best to settle your case after you have reached maximum medical improvement (MMI). MMI is the point at which it is unlikely that your condition will improve further. Once you reach MMI, your attorney will be better able to calculate any anticipated future medical costs.

Availability of Evidence

A personal injury lawyer will conduct a thorough investigation into your case. This will include photographs, videos, eyewitness statements, and a police report. All this evidence will be gathered to determine who caused your harm.

The availability of this information will be a major factor in how long it takes to settle your personal injury case. If this evidence is difficult to obtain or is scarce, then the investigation will take longer.

Number of Parties Involved

The circumstances behind a car accident are already complicated. If you were in a multi-vehicle pile-up, chances are that more than one party is responsible for the crash. It can take several months to gather evidence in these “chain reaction” accidents.

Conflicting Testimony

With more people in the mix, there could be conflicting accounts of how an accident transpired. There could even be witnesses that claim that you contributed to the accident.

To be eligible for compensation, you will need to provide evidence showing otherwise.

Under Tennessee law, you will only be able to recover damages if you were less than 50% at fault. If you contributed 50% or more to your injuries, then you will be barred from recovery.

Speak with a Nashville Personal Injury Lawyer Immediately

A personal injury investigation aims to uncover how an accident unfolded. Most situations have a number of facets, further delaying the settlement process.

At Raybin & Weissman, P.C., our Nashville personal injury lawyers never stop fighting for your rights. With over 100 years of combined trial experience, let us advocate on your behalf. Contact us today to schedule your free case review.