Spanish How Long Does a Personal Injury Lawsuit Take in California?
While the idea of undergoing months or years of litigation probably appeals little to plaintiffs, a personal injury claim takes time to secure justice for injured victims. If you were injured due to someone’s negligence or misconduct, you may be asking yourself, “How long does a personal injury lawsuit take in California?” We’ll cover the basics of what you can expect as your claim moves forward, including how long it may take.
Understanding the Steps of a Personal Injury Claim
Following a personal injury, it may seem like the wheels of justice turn slowly. Defendants also have important rights, and the court process is designed to ensure that both plaintiffs and defendants have the time they need to build their cases before a final decision on liability is made.
If your case is filed in court, the defendant must be notified of the litigation and offered the chance to respond. In most cases, they will make some sort of response denying liability for the injury. Once the courts are involved, both parties can gather evidence to support their respective arguments.
As each side gathers evidence, attorneys representing both parties can negotiate terms for a final settlement. The plaintiff is not obligated to accept any offer, but accepting a deal could lead to a timely resolution of the case. When plaintiffs seek large settlements for serious injuries, it can lead to complex cases that may take several months or, in some cases, years to resolve.
Factors That Influence a Personal Injury Claim
No two cases are the same, but many of the same factors can influence the timeline of a personal injury case. The severity of the injury is often a significant factor. More severe injuries can take longer to investigate. A serious injury could leave victims with uncertain recovery timelines, which can complicate calculating damages.
The actions of the defendant can include the timeline of a claim. Some defendants may look to resolve a claim sooner rather than later, while others may doggedly fight liability until well into a personal injury claim.
If an insurance carrier is involved, their legal strategies and tactics can influence a claim as well. In some cases, insurers may seek to delay proceedings to pressure plaintiffs into accepting lower settlements. They are often aware of the financial hardships that can follow a personal injury.
Settlement vs. Trial
When cases are resolved through a mutually agreed settlement, that can lead a case to settle within several months to a year. Both sides need additional time to build their respective cases, and the courts may be backlogged and unable to set a trial date quickly. It is not uncommon for a trial to set a case back an additional year or longer.
In these cases, the plaintiff needs to consider the merits of going to trial over accepting a settlement. A trial can come with additional benefits, such as the possibility that a judge or jury awards punitive damages in addition to economic and non-economic damages.
Tips for Securing Timely and Fair Compensation
While there’s no way to control the actions of the defendant, plaintiffs can take steps to proactively speed up the process of resolving a claim. They can work with an attorney who works efficiently to gather strong evidence. Cooperating with your medical doctor and scheduling medical evaluations can help you strengthen your case.
One of the most important factors that can determine the timeline of a personal injury case is the strength and experience of your lawyer. Working with an experienced lawyer can ensure that your legal team works efficiently and deliberately toward fair and timely compensation.
FAQs
Q: How Long Does It Take to Settle a Personal Injury Case?
A: The length of a personal injury case varies significantly and can take anywhere from a few months to multiple years. Smaller claims that are resolved through a settlement can be resolved rather quickly, while complex cases that require a trial can take years to resolve. By building a strong case early on, you and your attorney can improve the chances that your case is not unduly delayed.
Q: What Percentage Do Personal Injury Lawyers Typically Charge in California?
A: Personal injury lawyers typically work on a contingency fee basis in California. This means that they are not paid until their clients are paid. The contingency fee is a set percentage that the attorney and client agree upon early on in a case. This fee should be disclosed in the attorney-client agreement. One factor that could influence this percentage is the complexity of the case and the amount of time and resources your lawyer needs to put into your case.
Q: How Can I Speed Up My Claim?
A: You can speed up your claim by hiring an attorney who understands the process of filing a claim and gathering evidence to support your case. Personal injury attorneys also negotiate with opposing counsel to seek a favorable outcome for their client’s case. Strong negotiation skills can help speed up a claim, but it is important to remember that additional time can sometimes benefit the plaintiff’s side as well.
Q: What Are the Chances of Winning a Personal Injury Claim?
A: Your chances of winning a personal injury claim can be strong when the facts of the case support your arguments. To win a personal injury claim, your attorney must show that the defendant’s actions directly led to your injury and that your injury caused measurable harm. By gathering medical records, photos, and other forms of evidence, your attorney can compel the negligent party to pay fair compensation for the harm they caused.
Schedule Your Personal Injury Consultation Today
If you recently suffered a personal injury, you are likely facing serious financial hardships. Perry Personal Injury Lawyers can help you secure the compensation you need to pay for lost wages, medical bills, and other damages. During your consultation, we can explain what you should expect as the personal injury claim moves forward.
While no law firm can control the actions and decisions of the defendant, we can take steps to prevent delays so you receive fair and timely compensation from the negligent party. Contact our office today to learn how our legal services can help you get what you deserve.
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