If you’ve suffered an injury due to someone else’s negligence, you may be wondering, How long does a personal injury claim take? It’s a common question and one that doesn’t have a simple answer. Personal injury cases vary in complexity, and several factors can influence the timeline for settling a claim.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we understand how frustrating it can be to deal with the uncertainty of the legal process while trying to recover from an injury. We aim to help you navigate this process efficiently and achieve the compensation you deserve.
In this blog, we’ll explore the different stages of a personal injury claim and the factors affecting how long it may take to settle your case.
What Affects the Timeline of a Personal Injury Claim?
While every case is unique, several factors can influence the time it takes to settle a personal injury claim.
Severity of the Injury
Claims involving more serious injuries take longer to settle because medical treatment may take months or even years. Insurance companies may delay settlement until you have reached maximum medical improvement (MMI)—the point at which your condition has stabilized.
Liability Disputes
If there is disagreement over who is at fault for the accident, this can extend the time needed to settle. The parties involved may require additional investigation, expert testimony, or legal negotiation before determining liability.
In Hawaii, even if you were partially at fault, as long as you were not mostly at fault, you may still be entitled to seek compensation.
Insurance Company Negotiations
If your injury was caused by a vehicle accident or on someone else’s property, you may be dealing with an insurance company.
Insurance companies are notorious for dragging out the settlement process, hoping you’ll settle for less than what you deserve. A seasoned personal injury lawyer can negotiate to ensure you receive fair compensation, but this can take time.
Court Delays
The court system may introduce additional delays if your case goes to trial. Scheduling conflicts, legal procedures, and witness availability all affect the time it takes to resolve a personal injury case.
How Long Should a Personal Injury Case Take to Settle?
A straightforward personal injury claim, such as one involving minor injuries and clear liability, may settle within a few months. However, more complicated cases can take one to two years or longer to resolve. So, how long should a personal injury case take to settle?
On average, most personal injury claims are resolved within six months to two years, but this timeline can fluctuate depending on the specific details of your case.
Key Stages in a Personal Injury Claim
Understanding the different phases of a personal injury case can provide insight into how long it may take to settle. Here’s a breakdown of the typical stages.
Medical Treatment and Recovery
Your first priority is healing. Before seeking compensation, you’ll need to reach a stable point in your recovery so the extent of your injuries is clear. Depending on the severity of the injury, this can take weeks, months, or even years.
Filing a Claim
After receiving medical treatment, your attorney will file a claim against the responsible party’s insurance company. This filing initiates the settlement process, but it’s important to remember that insurers may not offer a fair settlement immediately.
Settlement Negotiations
Once the claim is filed, your lawyer will negotiate with the insurance company to reach a settlement. How long does a personal injury settlement take at this stage? The negotiation process can take several weeks to several months, depending on the insurer’s cooperation and the complexity of your case.
Litigation
Your lawyer may recommend filing a lawsuit if you cannot reach a fair settlement. Going to court can extend the timeline by several months or more, as it involves pre-trial discovery, depositions, and possibly a trial. In general, you have two years to file a personal injury lawsuit in Hawaii from the date the injury occurred.
Settlement or Verdict
If the case goes to trial, a verdict will be issued, or a settlement may be reached at any time during the litigation process.
How Long Does a Personal Injury Settlement Take?
You may still have the question, How long does a personal injury settlement take? The answer largely depends on whether the case settles out of court or requires litigation.
Cases that settle without going to court are typically resolved more quickly. In contrast, those that require a trial can take much longer. Additionally, the willingness of the insurance company to offer a fair settlement will impact the overall timeline.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we work diligently to resolve personal injury cases as efficiently as possible while ensuring our clients receive the compensation they deserve. We understand the financial and emotional strain that prolonged litigation can place on accident victims, and we strive to minimize delays wherever possible.
Why Having an Experienced Attorney Matters
Navigating a personal injury claim can be complex and time-consuming, especially when dealing with uncooperative insurance companies or liability disputes. That’s why having a knowledgeable and experienced personal injury attorney is crucial.
Our Cronin, Fried, Sekiya, Kekina & Fairbanks team has years of experience handling personal injury cases in Hawaii. We know how to move cases forward and fight for the maximum compensation our clients are entitled to.
Ready to Move Forward with Your Claim?
Let Cronin, Fried, Sekiya, Kekina & Fairbanks guide you through the process if you’ve been injured due to someone else’s negligence and are wondering, How long does a personal injury claim take? We help injury victims throughout Hawaii recover the compensation they need to move on with their lives.
Our firm operates on a contingency basis, which means you pay nothing unless we secure compensation on your behalf. Contact us today for a free, no-obligation consultation to discuss your case and potential timeline.
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