Many personal injury victims are understandably anxious about settling their case so they can get the money they need to pay off medical bills and make up lost income. But every personal injury case is different, so it’s difficult to give an exact timeline without carefully reviewing the details of your particular case. An experienced personal injury lawyer from Aronberg, Kouser, Snyder & Lindemann, P.A. can explain the expected timeline in your case.
Factors That Can Affect How Long It Takes to Settle a Personal Injury Case
Personal injury cases can take anywhere from a few weeks to a year or longer to settle. Factors that can affect the potential time it takes to settle a personal injury case include:
Insurance Investigation
New Jersey law requires insurers to begin any necessary investigation within ten days of receiving notice of a claim. They then have 30 days to complete the investigation from receipt of the claimant’s losses for first-party claims with your PIP insurance, 45 days for third-party property damage claims, and 90 days for bodily injury claims.
In some cases, the insurance company investigation may take longer than this statutory time limit. In such cases, the insurance company must provide an explanation as to why it needs more time.
If you and the insurance company agree on a settlement, it must pay you within ten days.
Injury Complexity
The severity and complexity of your injuries can also impact how long your personal injury case takes to settle. Once you settle your case, you will not be able to return to the negotiating table to seek additional compensation – even if you discover that your injury is more severe than you first realized or you incur additional bills related to it. Therefore, your personal injury lawyer may recommend that you reach maximum medical improvement before you settle your case.
Maximum medical improvement is when you have recovered as much as can be expected under the circumstances. At this point, your personal injury lawyer can better estimate future medical expenses and the long-term impact your injuries may have on your life so they can include these amounts in your demand letter.
Liability Issues
If liability is unclear – such as if multiple parties may be to blame or you may have contributed to the accident – the case may take longer to settle. The insurance company may try to blame other parties for the accident and deny your claim. You may need to conduct an independent investigation to recover evidence establishing liability and your right to compensation. An experienced personal injury lawyer can help with this process.
Settlement Negotiations
The insurance company involved, the insurance adjuster assigned to your case, and the willingness of the insurance company to settle your case can also impact how long your case takes to settle. Settlement negotiations may take several weeks before the parties agree on a settlement.
If settlement negotiations fail, you may have to file a personal injury lawsuit to protect your right to compensation. It can take more than a year for a case to make it to trial, but the time varies based on factors such as the location and the number of pending cases the court has. The case can be settled before the trial date through continued negotiations.
An experienced lawyer from Aronberg, Kouser, Snyder & Lindemann, P.A. can explain the timeline that applies to your case and diligently pursue maximum compensation on your behalf. Contact us online for a free case review.
