If you find yourself involved in a personal injury lawsuit, you undoubtedly wish to resolve it as swiftly as possible. While awaiting a settlement, you are burdened with medical expenses, vehicle repairs, and various other costs. Understanding the timeline of your lawsuit can help you plan for the future effectively. It is important to note that each case is unique, so for a more comprehensive understanding, it is recommended to consult a personal injury lawyer who can evaluate the specifics of your situation. Hiring a personal injury lawyer for your accident case may reduce the timeline to settle your case and improve the amount you receive.
Average Settlement Times
The commencement of a personal injury claim involves an investigative period and the patient’s medical care. During this phase, investigators from law enforcement agencies, insurance companies, and law firms diligently examine the accident, collecting evidence of negligence. Simultaneously, you will undergo medical treatments and obtain statements from healthcare professionals. The investigative period may encompass tasks such as interviewing eyewitnesses, reviewing police reports, and gathering photographs and video footage of the accident.
Once you have received medical care, it is necessary to file an insurance claim. In the case of an accident in Colorado, the claim must be submitted to the insurance company representing the at-fault party. According to Colorado’s fault law, the person or entity responsible for the accident will be held liable for the resulting damages. Most insurance companies require claimants to submit their claims as soon as possible, typically within 24 to 72 hours of the accident. If you decide to file a personal injury lawsuit, you generally have a two-year window to initiate the claim. However, depending on the circumstances, this period could be as short as 180 days.
Upon receiving your claim, the insurance company in Colorado has 60 days to make a decision regarding its acceptance or denial. In certain rare instances, the insurance company may request an extended investigative period exceeding the standard 60 days. Generally, however, a personal injury insurance claim will be settled within two to three months of filing.
What If Your Lawsuit Goes to Court?
Not all personal injury claims can be successfully resolved during the insurance stage. Some cases necessitate litigation and trial to ensure fair and comprehensive results. If your accident lawyer determines that pursuing legal action against the insurance company is crucial for a favorable outcome, the resolution of your case will inevitably take longer. The exact timeline will depend on the court’s schedule for allocating trial dates and whether your lawyer and the insurance company can reach a settlement through pre-trial negotiations. On average, a personal injury lawsuit can take one year or longer to resolve from inception to conclusion. However, in cities with busy courtrooms, obtaining a trial date can significantly extend this timeline.
Factors That Could Affect Your Settlement Timeline
The primary factor that can either delay or expedite your personal injury settlement or lawsuit is the medical timeline. It is generally not advisable to accept an insurance settlement while you are still undergoing medical treatments. At this stage, you cannot accurately determine the total cost of your medical bills. It is recommended to wait until you have reached the point of maximum medical improvement before considering an insurance settlement. Consequently, the duration of your case may extend several months if your injury requires intensive treatment. While it is possible to settle earlier than your recovery timeline, doing so may jeopardize your chance of receiving adequate compensation for your injuries. Once you accept a settlement, you forfeit the ability to renegotiate for a higher amount. For this reason, you should talk to a personal injury attorney before accepting a settlement offer to make sure you receive fair compensation for your damages.
The severity of your injuries and the extent of damages sustained can also influence the timeline. Other factors that might impede your personal injury case include errors in your initial claim, missing information, disputes over fault, and arguments regarding comparative negligence. Should you choose to appeal the outcome of your case, the resolution will naturally be delayed. Seeking professional assistance could potentially expedite your personal injury lawsuit. Engaging the services of a knowledgeable lawyer to handle the paperwork and complex legal matters on your behalf is the most effective way to streamline the process and maximize your monetary recovery. Contact our Colorado law firm today to discuss your personal injury case.
