How Long Do Most Personal Injury Cases Take in Nashville, Tennessee
When an accident occurs due to another person's negligence, the injured victim may be able to pursue a personal injury claim or lawsuit to recover the damages incurred. However, the legal process is not as easy as it seems, and there are many challenges one must overcome before obtaining compensation.
One of the major concerns injured victims have following their accident is the duration of personal injury claims. Many believe that all personal injury claims take a long time, which is why some people avoid a legal battle without understanding how their injuries could affect their social and financial status.
If there is one thing that students learn at law schools, it is that "the wheels of justice grind slowly at times." However, many injured victims do not realize that not all personal injury cases take a long time, and certain factors can affect the duration of the case.
In this post, attorneys at Schuerger Shunnarah personal injury law firm in Nashville, Tennessee, will address the question, "How long does a personal injury claim take?"
Factors Affecting the Duration of the Personal Injury Case in Nashville, Tennessee
Several factors can affect the duration of a personal injury claim process, including the following.
The Severity of the Injuries
When accidents occur due to another's negligence, personal injury victims need to complete their medical treatment before pursuing legal action.
In cases involving serious injuries, it could take a while before they reach maximum medical improvement, affecting the duration of a personal injury case.
Amount of Damages
Insurance companies do not like to spend time and resources on cases that are lower in value. They won't hesitate to settle a personal injury claim if the damages are lower than $10,000, compared to a car accident resulting in $150,000 in medical bills.
The legal process is even slower if the medical expenses and other damages exceed $1 million.
The Complexity of the Personal Injury Lawsuit
Investigating an accident is one of the most crucial stages of a personal injury case, as the victim needs to gather as much evidence as possible.
In complex cases, investigation can be challenging and take considerable time, prolonging the personal injury case. It is also important to note that going into a personal injury case without proper investigation may adversely affect the outcome of the case.
Whether the Defendant Admits Fault
When a negligent party in a personal injury claim or lawsuit admits fault, it can lead to a quick resolution. However, in many personal injury cases, the defendant denies their responsibility, which means that the plaintiff (injured victim) must gather evidence to prove negligence (medical records, witness statements, photos, and more), prolonging the case outcome.
The Strength of the Personal Injury Case
A strong personal injury case with clear liability could lead the defendant to settle it quickly rather than draw it out, as trials are risky and costly.
The plaintiff can leverage the strength of the personal injury case to negotiate a better settlement. If the defendant is aware of the case's strength, they may be more inclined to make a settlement offer closer to the plaintiff's desired compensation.
The Number of Parties Involved
When there are more than two parties involved in a personal injury case, it can take much longer to resolve. Multiple parties mean multiple attorneys and insurance companies, which can complicate and prolong the legal process.
The parties must communicate with each other and determine the best possible solution. They must agree on a settlement offer if they decide to settle outside the court. Any disagreements or back and forth during this period can prolong the personal injury case's timeline.
Most personal injury lawsuits settle outside of court, which is great news for injured victims, as going to court can take a long time before the victim sees the outcome of the case.
When the injured victim and the defendant's insurance company quickly agree on a fair personal injury settlement, they can resolve the claim much earlier than anticipated. This is often possible when substantial evidence is available and a strong legal team fights for the injured victim.
Defendant's Willingness to Settle
Going to trial can be time-consuming, and if the plaintiff is unwilling to settle, the attorney will have no other option but to consider pursuing a personal injury lawsuit.
However, if the plaintiff wants to settle the case rather than go to trial, they can resolve the personal injury case much quicker.
If the plaintiff insists on going to court and their attorney agrees with that decision, the time it takes to see the personal injury lawsuit to the end could depend on the court's backlog.
The court will decide on the dates, which could change at any moment, affecting the lawsuit's timeline.
How Long Do Most Personal Injury Cases Take in Nashville, Tennessee
Depending on the different factors affecting the duration of a personal injury case, it could take one to three years to resolve the claim or lawsuit. Attorneys at Schuerger Shunnarah can consult on what the average settlement for a car accident case in Tennessee is. There are several stages of a personal injury case, which include:
Engaging an attorney: Personal injury attorneys are often busy with their existing caseload, which is why injured victims must immediately contact them to schedule a free consultation. It could take a few weeks for the injured victim to determine whether the attorney is the right fit for them.
Investigation: Depending on the case's complexity, this stage can take a few weeks to a couple of months or even more. The investigation involves gathering evidence, interviewing witnesses, and determining liability.
Demand letter: A demand letter outlines what a plaintiff wishes to receive for their injuries. It could take several weeks to prepare and send to the defendant and their insurance company.
Negotiation: This stage can take anywhere between a few weeks to months, depending on the complexity of the case, the number of parties involved, and other factors.
Filing a lawsuit: When there is a disagreement during negotiations, the plaintiff may decide to pursue a lawsuit. Preparing and filing the suit can take several weeks.
Discovery: This is the most critical stage of a personal injury lawsuit, as the parties must exchange information and evidence. During this stage, the plaintiff may get access to information that could work in their favor, and if that happens, it could shorten the time it takes to resolve a personal injury lawsuit. The discovery process can take a few months but can go on for a year or more in larger and more complex cases.
Mediation: After the discovery stage, the parties have another opportunity to settle the case before it goes to trial. If the parties agree to mediation, it can take several weeks or a few months to complete.
Trial: Depending on the case's circumstances, a trial can take days, weeks, or even months to conclude.
Schedule a Free Consultation with Schuerger Shunnarah Trial Attorneys
Those who have suffered injuries due to another's negligence in Nashville, Tennessee, must contact (833) 692-5038 for a free consultation with an experienced personal injury attorney at Schuerger Shunnarah to discuss their case. They can also advise on questions like, "What are the caps for personal injury damages in Tennessee?"
During the free consultation, the skilled personal injury lawyer at Schuerger Shunnarah can provide expertise and guidance to the injured victim about their personal injury claim or lawsuit, including how much compensation they might receive and the time it could take to receive it.