How Long Does it Take to Resolve a Claim for Personal Injuries?

There are several factors involved in how long it takes to settle a personal injury case in Florida. It can take from a few weeks to several years.  How long your particular case will take will depend on the specific circumstances of your claim.  Some of the most common factors include:

Severity of the injury:

The more serious the injury, the longer it may take to settle the case as medical treatment and recovery can take time. While some of our clients need immediate surgery, other clients usually go through more conservative therapy before reaching the point of needing surgery.  This takes time.  Even after surgery, it takes time to rehabilitate and make sure further surgery is not necessary.  It also takes time to work up and collect documentation of all the damages you may be entitled to claim.

Liability:

If the parties involved dispute who is at fault for the injury, the case may take longer to settle as investigations and negotiations may be required.  If we are confident with the facts of our case, we usually file lawsuits in these cases quicker than in cases where there is no dispute about liability.  We find the other side less willing to voluntarily negotiate in these cases and we feel a lawsuit may be the only way to get the attention of the insurance company.  Although these cases are filed sooner, they also tend to get further into the litigation process before we convince the insurance company to negotiate fairly and resolve the claim. 

Insurance coverage:

If there are more than two defendants in a case and they have different insurance providers, it may take longer to settle the case as negotiations may be required between the insurance companies.  Insurance companies sometimes agree among themselves who will take the lead; however, if they represent different parties, their interests are adverse to each other and adverse to our client’s claim.

Complexity of the case:

If the case involves multiple parties, or if there are legal or factual issues that are difficult to resolve, it may take longer to settle the case.  The more people/entities involved, the more cumbersome even simple things become such as setting a hearing or agreeing on a trial date.  Sometimes, there are legal issues that must be decided before the case can proceed.  Since these legal issues frame the rest of the case, until they are addressed, they can bog down how fast the case moves along.

Negotiation skills and issues:

The negotiation skills of the attorneys involved can also play a role in how long it takes to settle a personal injury case. If the attorneys are unable to reach a settlement agreement, the case may have to go to trial, which can significantly extend the timeline of the case.  Some insurance adjusters are easier to work with than others.  Some adjusters touch their files once every thirty days while others respond right away to a phone call or letter during the negotiation phase.

Court backlog:

Depending on the court’s schedule and the number of cases on the docket, the case may be delayed and take longer to be resolved.  In one recent case, the Judge set our client’s trial date over 15 months from the date of our request. 

Pre-existing conditions:

If the injured person had pre-existing medical conditions, it may take longer to determine the extent of the damages attributable to the injury.  Before a lawsuit, insurance company adjusters often ask for years-worth of prior medical records to compare and prior similar complaints of injury to your current complaints.  This stalls negotiations while we obtain those additional records.  If we are in a lawsuit, we will have to speak with your prior doctor and/or review your prior records to identify whether we will be able to distinguish your current injuries to symptoms you had before your injury accident.

Discovery:

Discovery is the part of a lawsuit where the parties exchange documents, answer written questions, subpoena records, and take depositions, among other things.  This process is tedious but extremely important to do right and thoroughly.  This discovery process is slowed down the more parties and insurance companies are involved.  Once experts are retained, their schedules add an additional layer of needed coordination.  If the client has had extensive medical treatment or significant pre-existing injuries, those matters will require more documentation to review and share with experts. 

Appeals:

If you get to trial and even if you are successful, you still probably are not done.  If either party is dissatisfied with the jury verdict, that party can choose to appeal the decision, which can significantly prolong the case.

It is important to note that each personal injury case is unique, and the time it takes to settle a case can vary depending on the specific circumstances of the case.  Consider contacting one of our Jacksonville Personal Injury Attorneys at Rosenberg & Calvin, P.A. to discuss your case.