If you’ve been involved in an accident caused by someone else, you’re likely entitled to compensation for your injuries. Accidents can be life-changing events that lead to significant personal, financial, and professional hardship.
That said, filing a personal injury claim and getting a fair payment can be a difficult process. Most clients have lots of questions about the claims process and how long it takes. The timeline for personal injury cases can vary significantly based on the facts of each case. It can take anywhere from a few weeks to a couple of years to get reimbursed for your losses.
To help make personal injury cases manageable, here’s the timeline of personal injury claims from the perspective of a personal injury lawyer.
Settlement or Trial?
Personal injury cases are usually resolved in one of two ways: a settlement before trial or a jury verdict. Many personal injury cases can be resolved through settlement without having to file a lawsuit.
However, if the insurance company or at-fault party will not make a reasonable settlement offer, you’ll have to file a lawsuit and begin the litigation process. When this happens, it extends the timeline for your case. It takes much longer to resolve the case through a trial than settlement.
Some cases are more likely to settle than others. A personal injury lawyer can look at the facts of your case and discuss the most likely outcome. While there are many unpredictable factors, this can help accident victims have a better understanding of how their claims will proceed.
What Is the Personal Injury Settlement Timeline?
While each case is unique, most cases follow the same procedural steps. Here’s a look at how personal injury claims progress:
Step 1: The Accident or Injury
Personal injury claims start at the time of your injury or accident. If you’re involved in an accident, you should:
- Seek medical attention right away. Call 911 if necessary. If not, get medical treatment as soon as you leave the scene. This will improve your long-term prognosis and provide important documentation for your case.
- Report your accident. Regardless of whether you are at fault for your car accident, report it to your insurance company and to the police. If you’re involved in an accident on someone else’s property, file an incident or accident report.
- Take pictures and videos of the accident scene. Get as much documentation as possible before the scene is cleared or cleaned up.
- Get the contact information of everyone involved. If you’re in a car accident, exchange contact information, including insurance information, with everyone involved. Get the name and contact information of any eyewitnesses.
Following these steps will only help your recovery and strengthen your claim.
Step 2: Contact a Personal Injury Lawyer
Even if you don’t think you’ll need to file a lawsuit, it’s a good idea to consult with a personal injury lawyer after an accident. You can schedule a free consultation and get advice about your rights, the challenges you’ll face, and the next steps you should take.
In most situations, hiring a personal injury lawyer is beneficial. Even if your case settles, a lawyer can help maximize your settlement.
Plus, not only will a lawyer ensure you get the most compensation possible, but having a lawyer will allow you to focus on healing and getting your life back to normal after your accident.
Step 3: Investigation & Evidence Gathering
Once you hire a personal injury lawyer, your attorney will begin investigating your case to determine the cause of your accident and who was at fault. During this stage, your attorney will also calculate and document damages.
While investigating your case, your attorney will gather evidence to strengthen your case. This includes things like:
- Accident reports
- Accident reenactments
- Video surveillance footage
- Photographs and videos of the accident scene
- Medical records and medical bills
- Receipts and invoices
- Expert testimony
Step 4: Filing an Insurance Claim or Issuing a Demand Letter
Once your attorney has gathered the necessary evidence, the next step is making a claim. After car accidents, the claim is made with the at-fault party’s insurance company. If no insurance company is involved, your lawyer will issue a demand letter to the at-fault party or their attorney.
The claim or letter is thorough and provides evidence to support your case and the amount of damages you are entitled to. At this stage of the process, the responsible party will either pay the claim, make a counteroffer, or deny the claim outright.
Your lawyer will then negotiate to ensure you get a fair settlement.
Step 4: File a Personal Injury Lawsuit
If the responsible party is unwilling to make a fair settlement offer, your lawyer will file a personal injury lawsuit on your behalf. In Missouri, accident victims have five years from the date of their accident to file a lawsuit.
Here are the procedural steps of a personal injury lawsuit in Missouri:
- The accident victim files a Complaint and the at-fault party, or defendant, files an Answer.
- The parties engage in discovery, which includes taking depositions, issuing interrogatories, and sharing and gathering evidence.
- At the end of the discovery period, the parties will make a final attempt to settle the case, often through mediation or arbitration.
- If the parties are unable to settle, the case will go to trial and a jury will decide the case.
While most personal injury cases can be settled, some do go to trial. It can take anywhere from a few months to over a year for a lawsuit to go through the discovery and trial process.
Contact Our St. Louis Personal Injury Lawyers for a Free Consultation to Learn More
If you’ve been injured in a St. Louis accident, a St. Louis personal injury lawyer can help you file a personal injury claim. Schedule a free consultation with Roach Law Car Accident Lawyers at (636) 519-0085 to learn more and discuss your rights.
We’re here to offer you top-rated legal assistance. Contact us today to schedule a free consultation with one of our St. Louis personal injury attorneys. Our law office is located near you at 1010 Market St Suite 1605, St. Louis, MO 63101, United States. You can also find us using these GeoCoordinates: 38.62699550077672, -90.19691507671654
