Personal injury cases take varying amounts of time to settle. Some may reach a resolution within just a few weeks, but others could take much longer. The facts and circumstances of your case will ultimately play a large role in how the process unfolds, but there are some general factors that are worth discussing.
Maximum Medical Improvement (MMI)
Maximum medical improvement is a milestone you reach during medical treatment where your doctor declares that your medical condition has already improved as much as it is ever going to.
In the best-case scenario, that means you have returned to the condition that you enjoyed immediately prior to your accident or illness. In a worst-case scenario, it means you suffer from permanent disability.
Either way, for most people, that means the end of medical treatment. That is why MMI is such an important factor in determining the time it will take your personal injury case to settle. The insurance company cannot decide how much your claim is worth until they know your medical expenses. Instead of relying on speculation, they would rather wait until you reach MMI and know your medical expenses for certain.
If the insurance company is dragging out a settlement, your failure to reach MMI might be the reason why. Of course, if you suffer from a chronic condition, you might never reach MMI.
In that case, the amount of your claim will necessarily depend on speculation. You might even need an expert to help you calculate the long-term value of your claim.
The Value and Complexity of Your Case
Some cases are worth more than others. As claim value rises, so does claim complexity, at least most of the time. For obvious reasons, the more complex your case is, the longer it will take to settle. Wrongful death, medical malpractice, and truck accidents tend to be among the most complex of all personal injury claims.
Wrongful Death Claims
A wrongful death claim can be time-consuming because they are high value. After all, society places great value on human life.
Some defendants will work extremely hard to avoid paying an astronomically high wrongful death claim. As for complexity, a lot depends on how the death occurred.
Medical Malpractice Claims
Medical malpractice claims get complex because medical science is complex. In no area of law is the use of expert witnesses more commonplace, for example, even at the settlement table.
Additionally, you might need more than one expert witness. But beware, as the defendant might call their own expert witness, in which case your claim might devolve into a “battle of the experts” with an unpredictable outcome.
Commercial Truck Accidents
Commercial truck accident cases get complex because they can involve many possible defendants, including:
- The truck driver
- The trucking company
- The truck owner
- Cargo loaders
- The truck manufacturer
- Maintenance providers
- Other drivers who may have contributed to the accident
- Government entities, if poor road conditions or inadequate signage caused the accident.
- Contractors or subcontractors, if they were involved in the operation or maintenance of the truck.
It’s unlikely that you’ll end up claiming against all of these parties, but you might file claims against more than one of them.
The Preliminary Investigation
During the preliminary investigation of your claim, you or your lawyer will gather evidence that you have access to, perhaps including the following:
- Cell phone records to prove texting and driving, for instance
- Eyewitness statements
- Police reports: not admissible in court, but useful in settlement negotiations.
- Traffic camera footage
- Photos and videos from the scene (on a witness’s cell phone, for example)
- Medical records
- Vehicle inspection reports, to document damage to your vehicle
- Accident reconstruction reports from an expert.
- Skid marks and debris patterns
Notably absent will be evidence that is in the defendant’s possession (see below).
Preliminary Negotiations
The purpose of preliminary negotiations is to resolve the case quickly, without a lawsuit. The problem is that without filing a lawsuit, your access to relevant evidence is limited.
If the case is ‘open and shut,’ that doesn’t matter very much. If the outcome is in doubt, you might need to (ironically) file a lawsuit to reach a settlement.
Whether You Need To File a Lawsuit
Even if you are committed to settling your claim out of court, there are still at least three possible reasons to file a lawsuit:
- To provoke the insurance company (or the defendant) into expediting your claim. Filing a lawsuit can get your case placed at the top of a pile of others.
- To meet the statute of limitations deadline for filing a lawsuit. In South Carolina, you generally have until three years after your injury to file a personal injury lawsuit.
- To gain access to the pretrial discovery process, a powerful evidence-gathering tool that could make or break your case.
Filing a lawsuit can lengthen or shorten the time it takes to reach a settlement. It can shorten it if, for example, the defendant responds to your lawsuit with a reasonable settlement offer. It can lengthen it if the defendant decides to fight to the bitter end, even if that means going to trial.
Pretrial Discovery
Suppose you need access to the defendant’s dashcam to gather evidence to prove your claim. If the accident was the defendant’s fault, they’re not just going to hand over their dashcam footage. You will have to compel them to hand it over.
In pretrial discovery, you can petition the court to compel them to either produce the evidence or face sanctions. Some of the evidence you might gather that way includes:
- Event data recorder (EDR) data: Information from the truck’s “black box” detailing speed, braking, and other data at the time of the accident.
- Vehicle maintenance records
- Internal accident reports, if you were injured on commercial premises.
- Information about the defendant’s hiring, training, and disciplinary history.
- Commercial trucker’s hours-of-service logs, to determine compliance with federal regulations.
- Cargo records: Details about the cargo, including weight, loading practices, and securing methods.
- Internal communication records
- Truck driver’s logbooks, to check for violations of hours-of-service regulations.
Many more items of evidence are probably available, but it might take a lawyer to think of them all.
The Skill of Your Lawyer
For better or for worse, the skill of your lawyer could matter very much in the outcome of your case. Your lawyer can provide:
- Access to resources, such as the ability to leverage a network of experts.
- Efficient documentation.
- Negotiation skills.
- Readiness to file a lawsuit and move the case to court if settlement negotiations stall.
- Open and efficient communication channels with all parties, including clients, witnesses, and insurance adjusters.
- The ability to navigate court procedures and deadlines efficiently to avoid procedural delays.
- Intimidation value, meaning the mere presence of an experienced trial lawyer on your team will encourage the opposing party to settle rather than face your lawyers in court.
- The ability to identify opportunities for early mediation or arbitration to resolve your case quickly.
A skilled lawyer can significantly expedite your claim process without adversely affecting the value of your claim.
A Rock Hill Personal Injury Lawyer Can Make All the Difference
Settling a personal injury lawsuit in South Carolina can be difficult, especially if your case is complex or high value. Filing a lawsuit is even more difficult because the South Carolina legal system is a maze.
An experienced Rock Hill personal injury lawyer, however, can guide you through all of these difficulties and complexities until you walk out with the compensation you deserve. Schedule a free consultation with our team today on our contact form or call us at (803) 324-7574.