One of the most common questions our Carlsbad personal injury law firm receives is, “How long will my case take?” You’re rightfully concerned about when you can expect to receive your settlement check after being taken out of commission because of an injury you sustained in an accident someone else caused. Unfortunately, we cannot provide one set answer to this question because every case is different. Various factors can affect how long your case takes, including:
The Nature and Severity of Your Injuries
The type of injuries you suffered and their severity can significantly impact the timeline of your case. Less serious injuries that heal within a few days or weeks may help you settle your case more quickly, while injuries lasting months or years can take longer to settle.
Your Carlsbad accident attorney will want you to reach maximum medical improvement (MMI) before trying to settle your case. This is the point in your medical journey in which your injuries have recovered as much as can be expected and your condition has stabilized. Our lawyer can add up all your medical bills to date and work with medical specialists to anticipate medical expenses you can reasonably expect to incur in the future.
Disputed Liability
Some personal injury cases are relatively straightforward, while others may be more complicated when determining fault for an accident. If the other party is clearly at fault, your case may settle more easily and conclude faster because the insurance company does not have a valid argument to delay your claim. However, if multiple parties are involved or you are being blamed for the accident, your case may require a more thorough investigation from our lawyer and take longer to conclude.
Insurance Company and Adjuster Involvement
Every insurance company operates differently. Some may have specific policies that dictate how long they should spend investigating a claim, responding to questions, and offering settlements. Others may encourage adjusters to use delay tactics to frustrate claimants into accepting low settlements or dropping their claims.
Willingness to Settle
The insurance company’s willingness to settle, as well as your own, can also impact the length of your Carlsbad Uber accident claim. If you’re able to reach a fair settlement, you sign a waiver so that you can no longer take legal action against the defendant or their insurance company. If you don’t settle, your case may proceed to litigation.
Involvement of Litigation
Most personal injury cases are resolved outside the courtroom. However, if the insurance company refuses to make a fair settlement offer or denies your claim altogether, you may have to file a lawsuit to preserve your right to compensation. Litigation involves several steps, including:
- Preparing and filing legal pleadings
- Filing motions
- Conducting discovery
- Negotiating
- Preparing for trial
- Going to trial
A trial can add months or years to the timeline of a personal injury claim. However, it’s possible to settle your case at any point during litigation, too.
Schedule a Free Case Review with The Miller & Steele Law Firm
Every personal injury case is unique, so the best way to determine the potential timeline in your case is to contact an experienced personal injury lawyer. Call us at (760) 439-2210 or contact us online to get started with a free consultation.