In the blink of an eye, life can take an unexpected turn. A routine drive to work can become a life-altering event as a crash with a distracted driver changes everything. As you face mounting medical bills, lost wages, and the physical consequences of your injuries you may be wondering: how long will it take to reach a resolution and regain some semblance of normalcy?
Personal injury cases are unique, multifaceted, and unpredictable. Anticipating the exact duration of a personal injury case is nearly impossible, and anyone who disputes this fact is not being truthful. While we work very hard to progress claims forward as quickly as possible, you may face a legal labyrinth that requires months or years to navigate. Several factors contribute to the timeline, making each case a distinctive voyage.
The Stages of a Personal Injury Case: From Turmoil to Triumph
Taking the step to file a claim can feel overwhelming, especially when you need to take time to heal. However, having an expert team to take care of every detail, file the claim, and work with insurance companies can give you peace of mind. Here are some details that will help us determine as we develop your claim:
- 1. Investigation and Filing (4 - 12 months on average). The initial phases of a personal injury case involve gathering evidence, assessing liability, and filing the necessary legal documents. In most circumstances, this timeline largely depends on how quickly your injuries reach “maximum medical improvement” or the injuries are unfortunately acknowledged as permanent. Additionally, the state of Georgia follows a comparative fault model of liability, which means that your legal team must show that you carry less than 50% of the fault in a car collision case. Time needed for the investigation stage can vary widely, from a few s to several months, depending on the complexity of the case and injuries and the responsiveness of involved parties. Regardless, with very few exceptions, most injury cases must reach the level of a lawsuit before two years from the date of the injury passes.
- 2. Negotiation and Discovery (6 months - 1 year on average). Most cases reach the point of negotiations and resolution without having to file a lawsuit. Sometimes, however, lawsuits are necessary. Once the case is filed, negotiations may commence or re-commence. Both parties exchange information through a process called discovery, which includes depositions, interrogatories, document requests, and other events. Typically, attorneys for the at-fault party (or their insurer’s attorneys) may make a settlement offer, and that is usually based on the skill of your attorney in successfully preparing the case for trial even though trial may not ever occur. You and your attorney will work together to assess any offer, considering the merits of the case and any defenses, and whether accepting the proposed compensation would be beneficial. Alternatively, your attorney may advise of the need to press for a more suitable payment.
- 3. Pre-Trial Motions and Trial Preparation (1-2 years on average) Regardless of resolution discussions, all cases must be thoroughly prepared as if trial is the inevitable conclusion. Thus, if a settlement is not reached, pre-trial motions may be filed, and the case proceeds towards trial. This phase will further extend the timeline of your case, often adding one to two years before a conclusion is reached. The complexity of the case, court availability, and the judge's schedule are key factors influencing this duration.
- 4. Trial and Judgment (Varies) Once you have a court date and your team is ready to present your case in court, the trial itself can take several days or even weeks; again, depending on the complexity of the case. The trial will be followed by a post-judgment phase, concluding this phase of the legal proceedings. While a judge or jury will determine the compensation you receive in your case and will direct the defendant to pay the appropriate sum, it is possible that the other party may choose to appeal the decision and further delay the final conclusion of your case. Yet, obtaining a judgment is paramount to reaching an ultimate, desirable conclusion as most judgments (especially those rendered by a jury verdict) are upheld on appeal creating an exceedingly strong negotiation advantage.
While it is impossible to predict the exact duration of a personal injury case, understanding the general timeline can provide a sense of what to expect. Patience is crucial as your attorney diligently navigates the legal complexities on your behalf. Those purported personal injury trial lawyers who assert they can provide you with a predictable and overly “quick” resolution are probably not working in your best interests.
Choose an Experienced Trial Lawyer for Personal Injury & Wrongful Death Cases
Recovering from severe injuries, or coping with the loss of a loved one, after a collision can feel overwhelming. At the Lazenby Law Group, attorney Shane Lazenby brings specialized expertise and years of experience with personal injury and wrongful death cases, equipping you to challenge insurers and defendants in court effectively. We’re dedicated to pursuing justice for your and your family, ensuring you receive maximum compensation for your damages.
Get clarity on your rights and options with a free, no strings attached consultation. With our support, you won’t be pressured into settling for less by any insurance company. While we understand there’s little comfort in profound loss, our commitment remains unwavering in helping you recover all that’s rightfully yours.
Our record in court speaks for itself: in 2020, Lazenby Law Group achieved a national Top 50 Verdict in Estate of Holland vs. Cypress Insurance Company with a $21+ million judgment, the largest in Georgia and the 2nd largest personal injury verdict in the southeast United States for 2020. Our accolades underscore our commitment to fighting for justice and our clients’ rights in court.
Contact Us Today
If you’re navigating tragedy, let us be your compassionate and experienced advocates. Contact us today for a free consultation. Within 24 hours, we’ll be by your side, assisting you in your pursuit of justice. Don’t navigate this path alone. Together, we can turn turmoil into triumph.
