How Long Does a Personal Injury Claim Take?
Posted on Jun 8, 2020 in Personal Injury
How long will it take to get money you are due from a personal injury claim? When one is injured due to the negligence or wrongdoing of another party, they have legal recourse to pursue compensation for their injuries and damages.
However, a personal injury claim can be a prolonged process, especially if your case goes to trial.
Settlement Versus Trial
A settlement is when both parties, the defendant and the plaintiff, come to an agreement on monies to be paid without having to go to trial. The majority of personal injury cases end in settlement, and a judge and jury is never necessary.
There are pros and cons to settling your claim outside of court. One of the primary positives is that you get your money faster. A settlement can be reached at any time prior to a jury reaching a decision on a case. Even if a trial is underway, but the jury is still deliberating, a settlement could be reached amicably by both parties.
A settlement should never be rushed into, though. Negotiations are an important part of the process. Insurance companies will often underbid on their first offers, hoping that the defendant will take it and the company won’t have to pay out the full amount they owe.
It is important to fight for every dollar to cover your damages and injuries. Once a settlement has been agreed on, further compensation for the same injury cannot be legally pursued.
Time is of the Essence In Personal Injury Claims
After an accident, it’s important to act quickly. The most important element is always your health. If you have been seriously injured or it is an emergency you should go to the hospital. Otherwise, schedule an appointment or see your doctor as soon as possible.
Not only is this the best option for your own health, a doctor’s report of your injuries can be used later as valuable evidence in a personal injury claim. The sooner you see a doctor, the more accurate their diagnosis will be.
If you have health insurance, it should cover your medical costs in the immediate, and they can be reimbursed later after you received compensation.
You Only Have One Year to File a Personal Injury Claim
There is another reason to act quickly in personal injury matters. In Louisiana, prescription law refers to the amount of time a person has to file a claim following an injury. In other states, this law is often called the statute of limitations.
In Louisiana, for injury matters, the prescription is one year. Meaning, you have one year from the time of your injury to file a claim for compensation. After that, you lose legal recourse to pursue a personal injury claim.
In the immediate wake of an accident, take care of your health first and foremost. Next, contact a personal injury attorney. They can work with you on the next steps to building your case, and set you on the right track to getting the compensation you are due.
The Bottom Line
Unexpected and accidental Injuries can throw a wrench in many people’s lives. On top of medical bills, many injured people may be dealing with damage to their property, be forced to miss work, or sustain mental damage and trauma. The monetary costs can stack up quickly and greatly affect one’s life and the wellbeing of their family.
There is, unfortunately, no specific answer to the question of how long a personal injury claim can take. It could be months, it could be years. It depends largely on the negotiation process and whether the matter can be settled out of court or if it needs to go to trial.
Every personal injury case is unique. It’s important to have a personal injury lawyer on your side who understands the nuances of these matters and has experience handling the same kind of cases as your own.
Bloom Legal Protects People Injured in Louisiana
If you have been injured in an accident, you may be due compensation. Bloom Legal is a full service personal injury firm located in New Orleans. We help people every day to seek the compensation they are due because of the negligence and wrongdoing of others.
Our consultations are always free. Give us a call today and we will evaluate your case. We understand the toll an injury can take. If we can’t help you, we will point you to someone who can.