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Personal injury cases in Columbia, SC, take between several weeks and a few years to settle.
Most cases fall somewhere in between. The timeline to settle a personal injury case depends on the complexity of the case, what disputed issues are present in the case, and whether the plaintiff wishes to accept a settlement.
Our Columbia personal injury lawyers explain how long personal injury cases take in Columbia, SC.
How Long Injury Claims Take to Settle
When an injury accident occurs, you have losses. These losses are financial and personal. You need financial compensation. But the claims process can take time.
Each case follows the same general steps. This is a legal procedure followed by the courts in every case. But the time for each step can vary. Some cases have steps that other cases skip.
A case may settle in an early stage, or a case may proceed through trial and post-judgment matters. The time to settle a personal injury case may vary. It just depends.
Why is my case taking so long?
Columbia, SC has fault laws for car accidents and other types of personal injury claims. These laws can mean a process that feels slow for plaintiffs who need their compensation. It’s important to understand what factors may influence how a case takes, and what you can do to bolster your claim.
What Factors Influence the Length of a Personal Injury Case?
Factors that may influence the length of a personal injury case are:
- How clear it is who is at fault
- More than two parties are named in the case
- Disputes about important factual issues
- Comparative negligence
- The availability of evidence
- The need for expert witnesses, inspections, and accident reconstruction
- Severe injuries, a large value amount
- Non-economic damages
- Availability of insurance and other sources of compensation, insurance coverage disputes
- Wrongful death, catastrophic injury
- How much time the court gives for discovery, motions, and other preliminary matters
- Whether the plaintiff wants to accept a settlement or take a case to trial
Typical Timeline for a Columbia Personal Injury Claim
There is no typical timeline for a Columbia personal injury claim, but the process is similar for all cases. The timeline starts when an injury occurs. A victim has a limited amount of time to proceed with a case. The case starts by documenting evidence and investigating liability. A plaintiff may start by approaching the insurance company or the responsible party for a direct settlement. There is a limited amount of time to file a case in court. To start a case before time runs out, the plaintiff files a summons and complaint in court and serves each defendant.
The defense has time to respond. Each party may further build its case through discovery. The court creates a timeline for the parties to file motions. The parties can expect preliminary hearings and formal mediation.
At any point, the parties can reach a settlement. If there are no disputes, or only minor ones, about who is at fault and what the case is worth, the case may settle quickly. If there are reasonable disputes about critical issues, the timeline may be slower, as the parties build their cases and narrow the issues for trial.
How long will my personal injury case take?
A lawyer can give you a personal evaluation of how long your personal injury case may take to settle. It may be more or less than what’s typical for your type of case.
When Do Insurance Companies Delay Settlement Offers?
Insurance companies delay settlement offers in hopes of resolving the case for a lower amount.
They may be investigating defenses or hoping that the plaintiff becomes more anxious to settle.
Slow response times may mean that it’s time for the plaintiff to file a claim in court. It may also mean that it’s appropriate to continue aggressively building the case for trial.
How Medical Treatment Impacts Settlement Timing
Medical treatment is the foundation of a personal injury claim. It establishes that the plaintiff is hurt because of the accident or incident.
Medical treatment establishes how severe the injuries are and the course of healing. It creates a foundation for pain and suffering and the appropriate amount of compensation for the case.
It can take time for regular medical treatment to establish a course of care. In addition, medical care may establish a basis for future damages, for medical care and non-economic damages to occur in the future. This timing can impact the settlement of a case.
Will Your Case Go to Trial or Settle Out of Court?
Most personal injury cases settle. Even cases that take a long time usually settle. Only a small percentage of cases go to trial. Disputed issues, where reasonable people can disagree, make a case more likely to go to trial.
Building a strong case is always important. It makes you ready for trial. Plus, it puts you in a strong position to settle your case for what it’s worth. You can have representation from an experienced lawyer throughout your case.
Contact an Experienced Columbia Personal Injury Lawyer
An experienced Columbia personal injury lawyer from Shealey Law Firm can explain how long your personal injury case might take. We can discuss factors that may influence the timeline and build your claim. Contact us now.