When you are injured due to someone else’s negligence, you have a right to file a personal injury claim and receive compensation for your damages.
However, like many people, you may be hesitant to file because you believe that the process takes years. On the other hand, if you do file a claim, you may quickly become impatient, wondering when you can expect to obtain your compensation.
Factors that affect your case resolution
The reality is that how long your personal injury case will take depends on different factors. Although eventually you will get a trial date if you cannot resolve your case, court schedules are extremely full, and your trial may not be scheduled for months or even the next year.
Additionally, once your trial is scheduled, it could be delayed for various reasons. As part of preparing for trial, you go through the discovery process, which involves the exchange of information between parties.
If one party is refusing to turn over information or documents, this can delay the process and cause the trial date to change.
While you are preparing for trial, you are usually also trying to settle the case at the same time. Disputes over basic facts of the case, such as who is responsible, can slow your case down.
Waiting for maximum medical improvement
To establish negligence, you must prove damages. Even if the other side acknowledges liability for your accident, they may disagree about the amount of damages.
Furthermore, damages cannot be accurately calculated until you have reached maximum medical improvement. This means that you have recovered from your injury as much as possible.
Before you reach this point, it can be difficult to ascertain the legitimate value of your damages, which include medical treatment and expenses.
The personal injury process can be complicated and confusing. A personal injury attorney can provide you with advice and guidance every step of the way.