If you’ve been injured and are considering filing a personal injury lawsuit, one of your primary concerns might be understanding how long the process will take. At Hotz & Associates, our Knoxville personal injury lawyers recognize that waiting for a resolution can be stressful and uncertain.
Keep reading to learn about the timeline of a personal injury case and what factors might influence the settlement time.
| Hotz & Associates aims to resolve cases through negotiation. However, filing a lawsuit may be your best option if the insurance company refuses to negotiate in good faith or you are still undergoing treatment. |
Key stages and timelines in a personal injury case
Investigation and case building
Immediately after an injury, it’s crucial to begin gathering evidence. This includes medical records, witness statements, and expert testimony. At Hotz & Associates, we diligently work to compile a robust case on your behalf. This initial stage can take several months, depending on the complexity of the case and the severity of your injuries.
Filing the lawsuit
Once the necessary evidence is collected, your attorney will file a lawsuit. The statute of limitations for personal injury claims in Tennessee is generally one year from the incident date. Filing within this timeframe is crucial to preserve your right to seek compensation.
Discovery phase
After the lawsuit is filed, both sides engage in the discovery process. This involves the exchange of documents, depositions, and further evidence gathering. This phase can be lengthy, often taking six months to a year, depending on the case’s complexity and the court’s schedule.
Negotiation and mediation
Throughout the litigation process, both sides may enter negotiations to settle before going to trial. At Hotz & Associates, we strive to negotiate the best possible settlement for our clients. Mediation might be required if negotiations stall, which can add time and help avoid a trial.
Trial
The case will go to trial if a settlement isn’t reached. Trials can last from a few days to several weeks, but scheduling a trial date depends heavily on the court’s calendar, which can be months or even years from the filing date.
Factors affecting the timeline
- Severity of injuries: More severe injuries might require longer recovery times, which can delay the settlement. The full impact of the injuries needs to be assessed to ensure fair compensation.
- Liability disputes: If liability is clear, cases tend to settle faster. Disputes over who is at fault can prolong the case, requiring additional investigation and evidence.
- Insurance companies: Dealing with insurance adjusters can be time-consuming, as they often require extensive documentation and lengthy negotiations.
- Jurisdictional issues: The legal venue for the lawsuit can affect the timeline. Some courts have busier dockets than others.
Compassionate legal assistance from Hotz & Associates
While there is no one-size-fits-all answer to how long personal injury cases take to settle, most cases resolve within one to three years. The exact timeline depends on the factors outlined above. At Hotz & Associates, we work tirelessly to expedite the process while ensuring that you receive the full compensation you deserve for your injuries and losses. We are committed to keeping you informed at every step, providing clear communication about what you can expect and how we are fighting on your behalf.
If you’re facing a personal injury, don’t hesitate to contact us for guidance and support throughout your legal journey.