How Long Will It Take To Resolve My Personal Injury Case?
While every case is unique, the vast majority of cases are concluded between six (6) and eighteen (18) months, depending upon the length of medical treatment and the complexity of the legal issues involved. There are several factors that might make a case go longer than others, including a) different opinions of the settlement value of the case by the claimant and the defendant's insurance company; b) the unavailability of key witnesses to give deposition testimony; and c) insurance coverage or legal defenses by the defendant's insurance company that lead its attorney's to question whether or if their client will have to pay anything to resolve a particular claim.
One of the biggest hurdles to settlement is an accident victim's physical recovery. Generally, no settlement should be considered until the victim has received a diagnosis and prognosis from his or her doctor, particularly for one of the following conditions:
- Brain injury;
- Fractured bones;
- Neck injury;
- Head injury;
- Spine injury;
- Back injury;
- Scars requiring plastic surgery;
- Children Injuries.
Approximately 95% of personal injury cases settle prior to trial. Usually, but not always, the case will settle for its maximum value just before it is tried. Accordingly, how long a case takes to settle can be dependent on the client and his belief in the merits of his claim and the jury system. Talk to your attorney about this issue. Your attorney will probably not ascribe a value to a case until all material facts have been investigated. Once that threshold is met, however, your attorney should be candid with you in discussing settlement value. Everyone should consider a settlement because trials are inherently risky. Ultimately, the decision as to whether to settle, is yours.
If you or someone you care about has suffered a serious injury or death because of another’s negligence, and you would like to learn more about your options, Scholle Law can help. From our main office in Gwinnett County, we maintain offices near Buckhead and the Perimeter and represent clients throughout Metro Atlanta and Georgia. To discuss your case at a free, confidential consultation, please contact the firm online or call 866-972-5287 nationwide and 770-717-5100 in Atlanta.