When managing a personal injury lawsuit in Washington, it is very common for there to be concerns over how long it will take to receive a settlement. This is understandable because victims often want to know when they will receive the compensation for the injuries and losses they suffered. In some cases, the resolution happens in a matter of months. In others, it seems to drag on for years.
But why the difference? Well, it has a lot to do with interstate common carriers, which resolve disputes under federal law. With that in mind, the legal experts at Telaré Law Personal Injury Attorneys in Washington wanted to help our readers understand the various factors and timelines that dictate the fate of personal injury cases in the state:
Factors Influencing the Timeline
A number of things affect the amount of time that it takes to settle a personal injury case in Washington. These are:
Severity of Injuries
In an accident, the injuries sustained can lead to delays in the timeline to reach a settlement. More serious injuries mean longer medical treatment and, often, a longer negotiation process. This is simply because it takes longer to ascertain the full extent of the damages when more severe injuries are involved.
If a victim has ongoing medical needs, it is usually better to wait until they reach maximum medical improvement (MMI) before settling. Altogether, these factors can lead to extended periods between an accident taking place and a settlement being reached.
Liability and Fault Disputes
Placing responsibility can be a simple matter in some instances but can lead to disputes in others. Washington is a comparative negligence state, meaning that if the injured party contributed to the incident, their compensation is reduced by the percentage they are at fault.
If there’s any disagreement over who is at fault, it can drag out settlement negotiations and lead to litigation.
Insurance Company Negotiations
Often, insurance firms minimize payouts by delaying negotiations, offering low settlements, or disputing claims. If the insurance company is uncooperative, reaching a fair settlement may take longer. Some insurers may also conduct extensive investigations or request additional documentation, which can add months to the process.
Complexity of the Case
Personal injury claims that involve several parties, large damages, or special legal problems take a long time to settle. For example, a straightforward car accident claim with clear fault and minimal damages might settle in a few months, whereas a complex medical malpractice or product liability case could take years.
Court Backlog
When a personal injury case goes to trial, it can affect the timeline in some significant ways. One of these ways is court scheduling. We all know that Washington has a court system that can be backlogged and, at times, just plain slow.
When this happens, two things can occur. One: you’ll have to wait longer to get into court for a hearing. And two: once you’re in court, it can take even longer to get a trial date. Even if a case is settled before trial, waiting for mediation or arbitration sessions can add time to the process.
General Timeline for Settling a Personal Injury Case
Even though each case has its own particulars, a general timeline is followed by personal injury cases in Washington. This timeline can be subdivided into several distinct phases. To help you better understand the overall timeline, let’s take a further look into these individual phases:
- Initial Consultation and Investigation (1-3 Months)
- Medical Treatment and Recovery (Several Months to Over a Year)
- Filing an Insurance Claim and Negotiations (3-6 Months)
- Filing a Lawsuit if Necessary (Several Months to Over a Year)
- Trial and Resolution (1-2 Years If Litigated)
Ways to Speed Up the Process
- Retain a seasoned attorney
- Collecting ample evidence quickly
- Being prompt and organized with documentation
- Mediation or Arbitration
Telaré Law Personal Injury Attorneys in Washington Can Help You Resolve Your Case ASAP
In Washington, the duration of a personal injury case from onset to conclusion varies with the nature and number of factors mentioned in today’s article. Some factors, like case complexity, affect all injury claims; others, like injury severity, affect some claims more than others.
Add all the variables, and you get a wide range of possible time frames for the conclusion of a personal injury case in the Evergreen state.
