As someone who has been recently injured, you may be concerned about how long it will take to process a personal injury claim. Whether you resolve your case in settlement or in litigation, you may need funding to be able to put your life back together.

Learn more about what goes into ending a personal injury case and some things that are helpful to know as your case gets closer to completion.

Does it matter when I file my claim?

If you have already spoken to a personal injury attorney and he or she has recommended filing a claim, time is of the essence.

Waiting too long to initiate a legal claim could cause you to miss the statute of limitations and result in your claim getting dismissed, according to Investopedia. Further, the sooner you file, the sooner you could see a potential settlement or court award. There is no reason to wait if you’ve been hurt by someone else’s reckless behavior.

What is the time frame for a typical personal injury claim?

A personal injury case will look different from one victim to another. A key aspect that influences how soon a case might be resolved is how motivated all the parties are to end it. If an insurance company wants to settle the case and the other parties are all on board with a settlement offer, the case could be over in a matter of weeks.

However, most personal injury claims take anywhere from several weeks to a few years. If the case goes to trial, a lot of the scheduling is dependent upon when the assigned court can schedule hearings. This can mean that the case goes well into the future.

What qualifies as a personal injury?

Many personal injury cases stem from a motor vehicle accident. If you live in a “fault” state, every driver is obligated to exercise reasonable care each time they get behind the wheel. A driver who causes an accident can be held responsible for being negligent, which means if you’re injured in an accident, you can pursue litigation to compensate you for your loss. Some states have passed no-fault laws, which impact personal injury litigation in those states.

In addition to negligence, the law recognizes strict liability as a basis for filing a personal injury lawsuit. Strict liability means a company that designs and manufactures a defective product that causes you to be injured can be held responsible for the injuries. According to the American Bar Association, you don’t need to show the manufacturer was negligent. You do need to prove the product was designed or created in a way that caused the product to be unreasonably dangerous when you used it as it was intended to be used.

The rarest of all personal injury claims is an intentional wrong. The American Bar Association’s example of an intentional wrong is if a retail store’s security person wrongly holds you in custody for shoplifting. You could file a lawsuit for false imprisonment in such a case.

A personal injury claim is a civil case, so it will not include any type of punishment for the defendant. Criminal cases may result in the defendant serving jail time or paying a fine.

What happens after I file?

Immediately after the paperwork is filed, the other party will receive notice. They have a time period in which to respond to the claim. At any point, the other side may suggest a meeting to talk over resolution options or you may hear from a mediator. The purpose of mediation is to resolve these cases outside of court.

The case will then move into the discovery phase. This can take anywhere from a few months to more than a year. During this time, each side will exchange information about their evidence to the other side. During discovery, the other party might realize the potential strength of the victim’s case and be encouraged to settle, even if previous talks did not result in a settlement.

How long will the case take if we litigate?

Personal injury lawyers can tell you that many cases are resolved outside of court. However, if you tried this and the other side continued to suggest amounts far too low for what you would expect, then your case might end up going to trial anyway.

Litigated cases can take years from the date of filing to be resolved. Talking to a personal injury lawyer can help you figure out a potential timeline for your case, all of which are dependent on the type of accident and the other parties involved.

Filing a personal injury lawsuit

More people are coming forward with personal injury claims, such as automobile accidents, medical malpractice, workplace injuries, slip and falls, and more. Some personal injury lawsuits end in awards or settlements of hundreds of thousands or even millions of dollars.

One of the difficulties of a personal injury is that in the immediate aftermath of a qualifying accident, pursuing litigation may be far from the forefront of your mind as you focus on things like medical care, and recovery. However, if you intend to receive compensation for your injury — as well as hold the negligent party accountable for its actions or inactions that led to the injury in the first place — you may need to act quickly. Some states have statutes of limitations of only one year, and others two or three years.

Moreover, personal injury lawsuit outcomes hinge on proving negligence by the party that caused or contributed to the injury, and evidence that can be used toward this goal is easier to obtain closer to the time of the incident.

If you or a loved one has suffered a personal injury such as a dog bite, car accident, medical malpractice, or something else, you may be able to file a personal injury claim and pursue compensation. While filing a lawsuit cannot take away the pain and suffering caused by your injuries, it can at least help to alleviate the financial burden too often caused by medical expenses, lost wages, and more, as well as hold the responsible parties accountable.

Filing a lawsuit can be a daunting prospect, especially in the wake of an injury, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a personal injury claim, navigate the complexities of litigation, and maximize your potential compensation.