How Long Will My Accident Case Take To Settle?

how long does a personal injury case take to settle?

As a California Car Accident and Personal Injury law firm, we hear this question each and every day. And we answer it with the same thoughtful care, compassion, and personal attention we give to every client and every case.

It All Depends… On You, Your Medical History and Previous Injuries

Unlike a “cookie-cutter” firm, the personal injury attorneys at Drake Law Firm understand that your case – just like you – is unique. We recognize you are an individual who has already gone through a great deal before seeking our help. How we answer your questions, and your needs says everything about the kind of law firm we are.

No Two Cases Are Alike

Whether your injuries are relatively minor, or more serious, many different factors determine the length of time needed to get you the settlement you deserve. So let’s take a closer look at some of the most important reasons your case will take time, and why it will be worth the wait.

#1 We Need to Determine Liability

In California, there is a law called Contributory Negligence. This law states, in an accident, more than one person can be at fault. Why is this important? Because an experienced legal team can bring a deep understanding of this law to establish your rights. While your insurance company may make a “snap judgment” to save time, the Drake Firm attorneys will fight to gain you every legal advantage.

#2 We Know How to Work the Legal Process

In a word, the legal process is complex. But, as a client of our firm, we want you to understand the ways you can help us move your case through the system as quickly as possible.

While each case and client has individual factors and needs, every legal proceeding follows the same basic steps from start to finish. These are:

  1. Accident and Injury
  2. Medical Treatment
  3. Hiring an Attorney
  4. Investigation
  5. Filing a Claim (Lawsuit)
  6. Discovery
  7. Mediation for Settlement, or Trial

As attorneys, we do not ask you to have an in-depth understanding of litigation and case building. That’s our job! But the more you are aware of the process, the better we will be able to guide you through the most timely and beneficial path.

#3 You May Be Entitled to More Than You Think

All too often, we hear stories about insurance companies trying to “low ball” clients out of a substantial settlement. Why? The insurance industry answers to its real clients: the shareholders. The higher the stakes in a dispute, the greater the chance an insurance company will be forced to make a costly payout.

At the Drake Law Firm, our approach to your case could not be any more different. As your advocates, we are truly on your side and have the same vested interest in your case as you do. Does it take more time to build a case for the highest possible compensation? Yes – and it’s worth it.

Bottom line, Drake Law Firm and the legal team has the knowledge, skills, and incentive to maximize your outcome. You are the one who needs to rebuild a life. And our mission is to make sure you have every possible resource to do so.

#4 Your Injuries May Take Time to Heal

While most accidents occur in a fraction of a second, their effects can last years. And even as the medical field advances on virtual miracles, there is still the chance that you may be in it for the long haul. But just as a dedicated medical team can find answers, so can your legal team.

With the right combination of legal expertise, vision, and compassion, our attorneys can make fair and accurate calculations of past and future wage loss, out-of-pocket costs, future medical expenses, pain and suffering, and other legally compensable damages.

As your attorneys, we are committed to protecting your assets and providing you the best opportunity for recovery. All the while, we can devote our experience to building your case and winning the most favorable settlement.

#5 To Trial, Or Not To Trial? That Is The Question

And finally, the (perhaps literally) million-dollar question. Is your case best served with a full-blown jury trial? Or, does the unique mix of potential liability, injuries, and other factors favor mediation and settlement?

To answer this question requires a complete evaluation of your case from start to finish. The needs and wishes of you and your family play a large part. While there is no set rule, factors to recognize when considering Trial versus Settlement are:

  1. Trials are expensive. Before deciding to take your case to trial, our attorneys will help you weigh the benefits, risks, and ultimate costs. If projected jury awards are on a similar scale to settlement offers on the table, a trial may not be the best option.
  2. Trials can take weeks, months, or years. Because our legal system is already crowded with civil cases, opting for trial is a virtual guarantee your case will take longer to reach conclusion. In addition, appeals can add more time, often years, to the process.
  3. Settlement releases both sides from liability. While jury trials can result in larger payouts, liability remains an important consideration. In a trial, one party will be proven liable for the other party’s injuries. In a settlement, however, both parties sign an agreement that avoids any admission of guilt.
  4. You can still go to trial if settlement is not reached. Perhaps the greatest argument for pursuing settlement is you can leave trial as a last resort. In this way, the greater cost and time for a trial can be set aside as long as possible.
  5. If your case is well suited for trial, your chance for larger settlement increases. As anyone who follows the news is aware, some personal injury cases are awarded very large sums by juries. The attorneys at Drake Law Firm can provide the expertise and personal attention help you reach this vital decision.

Have Questions? Give Us a Call!

We are always available to answer your questions, address your concerns, and welcome the opportunity to represent you in the most timely manner possible. We are here for you!