The time that the legal process of a personal injury claim may take can be difficult to determine. Complex cases and drawn-out negotiations with insurance companies are among some of the factors that can lengthen personal injury proceedings. However, it’s undeniable that the assistance of a personal injury attorney can only improve your experience overall. Consult with skilled Roseville personal injury lawyers who are ready to help.
How Long Does a Personal Injury Lawsuit Take in California?
How long a personal injury lawsuit takes in California is dependent on several factors. The timeline could range from a few months to over a year. In certain cases, a lawsuit could even last multiple years. The complexity of the case and the willingness of the parties to settle could have a significant impact on the timeline, as well as a multitude of other factors.
Components That May Speed Up a Personal Injury Settlement
The following aspects may contribute to a faster overall settlement process in your personal injury case:
- Minimal injury: If you suffered relatively minor bodily harm and other damages, your case may be relatively simple and settle quickly. Although you’re unlikely to receive a high settlement payout, you should be adequately compensated for your medical expenses and any other losses.
- The amount and strength of available evidence: If there is solid proof that clearly establishes the circumstances and degree of negligence that led to your injury, your claim is likely to be settled sooner than if there was weak evidence or an insufficient amount.
- You are not at fault: It also helps to speed up settlement if there is a clear liable party, as contesting who’s responsible and to what extent can be avoided. Furthermore, if you are fully at fault, your compensation will not be reduced, and your right to it may avoid dispute.
- The insurance company doesn’t dispute liability and is willing to negotiate: Sometimes, the details of your injury case may cause the at-fault party’s insurance to deny responsibility or claim your injuries are at least partially a result of pre-existing health conditions. However, if their liability is apparent and/or they otherwise do not contest fault, reaching a settlement will probably not take long.
- Accepting the first settlement proposal: Whether you don’t wish to seek a higher settlement, the at-fault individual has limited insurance or is underinsured/uninsured, or you’re self-representing, accepting the first or an early compensation offer will certainly conclude the process quickly.
- Your attorney’s negotiation experience and skills: If your legal counsel is experienced in settlement negotiations, they may prevent the case from going to trial and even reach a desirable repayment early in the proceedings.
Additionally, if you and your attorney agree to demand reasonable compensation or not to excessively offer counter-proposals, the settlement likely won’t drag on.
Why Quicker Settlements Aren’t Always Ideal
While no one wants lengthy case proceedings, the option for a quick settlement is not always viable or even the wisest option. Insurance companies are known to offer you a settlement payout much lower than you’re rightfully entitled to in the beginning of the claim settlement. If they do and you accept, and without legal counsel present, you are likely to unknowingly receive much less than the minimum compensation your injury claim deserves.
However, if you would like to avoid a prolonged negotiation process or are satisfied with the settlement offer, you may opt to accept the insurance company’s initial proposal. If the at-fault party is underinsured for your damages, taking the maximum amount their limited insurance is able to provide may also be a prudent choice.
It’s important to remember that if you want to be fairly and adequately compensated for your personal injury claim, it’s doubtful that the process will be settled quickly. If your case is particularly complex, such as if it involves serious bodily injury or multiple parties, it is more probable that legal proceedings may take a substantial amount of time.
FAQs
Q: How Long Does It Take to Settle a Personal Injury Case in California?
A: How long it takes to settle a California personal injury case can be challenging to ascertain. On the shorter end of the range, it may take between three and nine months to fully complete an injury claim. Some more complex cases may take one or more years to settle. The severity of the injury, how strong the evidence is, the at-fault party and their insurance, and settlement negotiations are contributing factors in how long it may take a case to conclude.
Q: What Percentage Do Most Personal Injury Lawyers Take in California?
A: In California, most personal injury lawyers take between 33 and 40 percent on average. How complicated or risky the case is and how long it takes to reach a settlement can affect your lawyer’s percentage. Some attorneys charge on a sliding scale, meaning a case that goes to trial will have a higher percentage than if it settles early on. If they are unable to earn you a settlement, you will typically not have to pay anything.
Q: Where Does Settlement Money Come From?
A: Settlement money comes from the liable party’s insurance, which sends a check to your lawyer, who deposits it for you as the case concludes. They ensure all your expenses and medical bills are fair and paid.
Then, you are given a written statement of the remaining compensation minus legal fees, including their payment, for you to sign. After you do, you will receive your payout check in the mail, which can either be a lump sum or in periodic payments.
Q: How Much Money Should I Ask for in a Settlement?
A: How much money you should ask for in a settlement depends on the losses you’ve suffered. Full or adequate compensation for your specific case typically covers at least your medical expenses and some amount of pain and suffering damages.
It’s important not to represent yourself because you likely don’t know what you’re entitled to and may settle for much less. An experienced attorney knows how much compensation you’re able to get and can negotiate for higher settlement proposals.
Have Your Personal Injury Case Assessed by a Qualified Lawyer
An attorney from The Ward Firm is ready to engage in negotiations and go to trial to provide you with quality representation. We value our clients’ experiences and are prepared to listen to you, answer your questions, and give your case the attention it deserves.
If you’re wondering how long your personal injury claim may take, an experienced lawyer at The Ward Firm is prepared to review the details of your case. Contact our firm today.
