Every personal injury case is different. Some may last a few months and others could take years. Various factors influence how quickly the case moves, ranging from the injuries you receive to your attorney’s experience with your case. However, handling a personal injury case on your own will make the case move slowly.
Having an experienced personal injury lawyer at your side can ensure your claim moves quickly. Explore the process of a personal injury case in New York State and learn how Catalano Law can help you win financial compensation for your injuries.
What Factors Determine How Long a Case Will Last?
As we mentioned, there’s no set time you can expect a case to resolve. Depending on the facts of the case, some cases are resolved in months, while others take years. Factors affecting the case include the type of injury you suffered, the severity of your injuries, the evidence you already have available, what damages you seek, and how cooperative the other party is.
A personal injury attorney can provide insight into what to expect from your case. While Catalano Law can’t tell you exactly how long your case will last, we can offer an estimate of how long it might take.
The Process of a Personal Injury Case
There are multiple steps to a personal injury claim, all of which can take weeks, months, or years. Though there isn’t a way to resolve your case quickly, a skilled personal injury attorney knows how to make your case move as fast as possible.
- Consulting a Lawyer
After your injury, you will need to seek out a lawyer, which can take several weeks or months. You will need to find an attorney familiar with personal injury cases like yours and who you feel comfortable with. The first few weeks after your injury will likely be spent consulting with multiple attorneys.
- The Discovery Process
Discovery is the period where your attorney investigates your case and gathers evidence against the other party. For example, they may request copies of police reports and medical records, take statements from witnesses, and collect photos or videos of the site of the injury.
Some parts of the discovery process, like requesting evidence, can be particularly slow. It may take longer to obtain confidential documents, for instance.
- Finishing Medical Treatment
Your attorney will not file a claim immediately. Instead, they will wait until you have reached maximum medical improvement. This is the point where you have recovered as much as believed possible. Waiting allows your attorney to recover the full extent of your damages so that you don’t receive a settlement lower than your expenses; however, a long recovery can slow down your claim.
- Negotiating a Settlement
Once you have reached maximum medical improvement, your attorney will send a demand letter to the other party’s attorney or insurance company to outline your injuries. This letter also explains why the other party is responsible for your injuries and how much you should be compensated. At this point, your attorney will begin negotiating with the other party’s attorney or insurance to decide how much you will receive.
Negotiations can take months or even longer, depending on how quickly both parties communicate and how different their ideas are. Additionally, once both parties have potentially reached an agreement, your attorney must ensure you agree with the settlement; if not, they must return to negotiations.
Once both parties agree on a settlement amount, the case is considered settled. Most personal injury cases end in a settlement and do not progress to court.
The Importance of Seeking a Personal Injury Attorney
Navigating a personal injury case on your own is extremely difficult. Most people are unfamiliar with state law, the legal system, or recovering money from insurance companies. You may lack evidence that the other party caused your injury or have trouble explaining why they should be held responsible. Even inadvertent misuse of legal terminology can cost you a settlement.
An experienced personal injury attorney is familiar with handling cases like yours, ensuring a smooth claim. They know New York law and have extensive experience negotiating with attorneys and insurance companies to get you the highest settlement possible. Additionally, attorneys can be granted access to confidential documents and evidence to help them argue in your favor.
Our attorneys at Catalano Law have years of experience to make your personal injury case go as quickly as possible. Your job is to recover from your injuries; our job is to recover from your opponent. Schedule a free consultation today.