When you have a personal injury case, you need to know how long the case will take to settle.
Our experienced Greenville personal injury lawyer at Bobby Jones Law answers this question.
Personal Injury Cases in Greenville, SC
A personal injury case can take anywhere from four weeks to two years to settle. Those are the extremes, and most cases fall somewhere in between. How long an individual case takes to settle depends on how complex the case is and the claim procedures.
Settlement timelines in personal injury cases
When a case is relatively straightforward and the dollar amount is low or moderate, a claim can settle in four to eight weeks. In those cases, it’s a matter of making the claim through insurance, totaling damages, and finalizing the settlement.
When the monetary amount is substantial, when fault is unclear, or when there are other disputes, a case can take longer. The timeline also depends on how the defense responds to the case. A quick settlement isn’t always the best option.
The Timeline of a Personal Injury Case: Step by Step
A personal injury case starts when the injury occurs.
Injury
The injured person seeks medical attention. There may be some initial evidence preservation, such as photographs of the scene, witnesses, and documented medical care.
Medical care
Depending on the severity of the injury, the person may be hospitalized or may need intense care or physical therapy. It’s never too early to engage an attorney, especially when serious injuries are involved.
Investigation
The case investigation determines who the claim is against, the basis for the claim, if insurance is involved, and the approximate value of the case. An investigation may identify key issues that may affect the case timeline.
Claim
Many cases start with an insurance claim. You submit the information to the insurance company and await a response.
Settlement negotiations
Either party can make a settlement offer, possibly followed by negotiations. If the parties settle, it is finalized in writing. The insurance or defendant pays the compensation, and the case ends.
Court filing
When settlement negotiations stall or when it’s not appropriate to negotiate, the plaintiff files their case in court.
Court proceedings
There are preliminary court procedures. The parties can continue to build their case, motion the court, and negotiate a settlement.
Settlement or trial
Even when there is a formal court case, the case can still be settled. Some cases resolve shortly after filing, while others settle before trial.
A settlement is a voluntary resolution that both parties must agree to. If the other party refuses to agree, you can take your case to trial.
Factors That Can Speed Up or Delay Settlement
Factors that can speed up a settlement include:
- Keeping medical records and details of medical treatment
- Following healthcare directives
- Gathering records of financial losses
- Ensuring insurance is available to pay compensation
- Submitting a complete claim with the needed information
- Knowing what your case is worth
- Ensuring evidence is readily available
- Contacting an attorney as soon as possible
- Making a detailed case plan with your attorney
Alternatively, factors that can delay a settlement include:
- Fault being unclear, comparative fault
- Questions of whether injuries are from the accident
- Severe injuries or high damages
- Needing time to understand the course of healing and associated losses
- Multiple defendants
- Jurisdiction questions about which court should hear the case
- Lack of insurance coverage or low insurance policy limits
- Defendant’s non-compliance with court orders and deadlines
As the plaintiff, some of the factors that influence a settlement are within your control. For example, building a strong case can narrow the issues in dispute. Other factors, such as how the defense responds to the case and court scheduling, are things you cannot control. An experienced lawyer can assist you in resolving your case efficiently and avoiding unnecessary delays.
When Insurance Negotiations Break Down
It can be frustrating when insurance negotiations break down. If the insurance company refuses to pay a fair settlement, you don’t have to accept it. You can take your case to court. An attorney can help you decide whether to continue negotiations or file your case.
How Litigation Affects the Timeline
When a case goes to litigation, it can lengthen the timeline. After you file the case, you must serve the papers to the defendant, who is then given time to respond. There are specific deadlines for court motions, and these proceedings usually extend the timeline. However, in some cases, litigation can actually speed up the process, as the defense must follow court timelines and may face penalties for any delays.
Local courts and timelines
The law that applies to the case will influence the settlement timeline. Cases in Greenville, SC, usually fall under South Carolina law. Most personal injury cases are heard in the Circuit Court of Common Pleas. Claims for lower dollar amounts may be heard in a Magistrate’s Court. In Greenville, SC, the Circuit Court is located at the Greenville County Courthouse, 305 E. North Street, Greenville, SC 29601.
All Circuit Courts in South Carolina operate under the same rules of procedure, but local scheduling practices may influence how long your case takes. An important reason to have an attorney represent you is to have a professional who is familiar with local court practices.
Why Quick Settlements Aren’t Always Best
Having a personal injury case can create uncertainty and financial strain. It’s natural to want a fast settlement, but a quick settlement isn’t always best. It can take time to fully identify damages and build the case. Settling too quickly can mean missing out on full compensation. An attorney can help you evaluate all elements and ensure you receive what you deserve.
Contact an Experienced Greenville Personal Injury Lawyer
Bobby Jones Law is an experienced personal injury lawyer. We can explain how long your personal injury lawsuit might take to settle and help you move your case forward. Call or message us now.
