How Long Does a Tort Claim Take to Settle?

If you’ve been injured in an accident, any accident, you know how important securing compensation is. It’s the lifeline that allows you to recover from your injuries and get back on your feet both physically and financially. Tort claims are the legal avenue through which you can achieve the repayment you’re entitled to, but how long does a tort claim take to settle? 

In this blog, we answer this pressing question, as well as get into the factors that affect the timeline of a tort claim.

A tort claim (also known as a personal injury claim) is a legal action taken by one party against another when the latter’s wrongful act or negligence causes harm or loss. The term “tort” comes from the Latin word for “twist” or “wrong,” and in a legal context, it refers to a civil wrong that leads to legal liability.

The main goal of a tort claim is to provide compensation to the victim for the injuries they suffered, which can include physical harm, financial loss, or damage to property. Tort law allows the injured party to recover costs for medical expenses, lost wages, pain and suffering, and other damages. The most common situations that lead to tort claims are car accidents, medical malpractice, and slip-and-fall accidents, among others.

While a good portion of injury claims are settled before trial, the timeline to a settlement can vary widely. A settlement can be reached at any point before the judge makes their ruling, but it typically takes anywhere from a few months to a few years.

Many variables play a part in the duration of personal injury claims. Here’s a closer look at the main ones:

• Complexity of the Case: Cases with intricate details, unclear liability, or multiple parties involved tend to move slower through the legal system. Establishing fault in complex scenarios takes longer, which extends the timeline of the claim process.
• Severity of Injuries: When dealing with severe and permanent injuries, they have a more profound impact on the victim’s life, and they take longer to recover from. It therefore takes longer (and becomes more important) to assess the full extent of the damage the injury has done to the victim’s life and what their ongoing needs are. A comprehensive medical evaluation is needed to determine what fair compensation would be, and that takes time.
• Insurance Company Negotiations: How the insurance company approaches the personal injury case will affect its timeline. Some companies may come into negotiations with a genuine intention to settle claims fairly, while others might use delay tactics or lowball offers to slow-walk you into accepting a lower settlement than you’re entitled to (thus protecting their bottom line). The willingness, or lack thereof, of the insurance company to negotiate in good faith can streamline or prolong the process.
• Legal Procedures and Documentation: The foundation of any personal injury or accident benefits claim is its documentation, which includes exhaustive medical records, eyewitness accounts, and any other relevant evidence. The process of collecting, organizing, and presenting this documentation is time-consuming but essential for supporting the claim. Delays in obtaining complete records or the need for additional documentation can stretch the timeline.

Personal injury claims involve a few distinct stages:

Initial Consultation and Case Building

The process begins with a thorough consultation with a personal injury lawyer who assesses the case’s merits. Gathering factual evidence and medical documentation early on lays the groundwork for a compelling legal claim.

Filing the Claim

Officially starting the legal process involves drafting and filing a Statement of Claim, which outlines the nature of your injuries and the compensation sought. This step legally notifies the defendant of your intent to pursue damages.

Discovery and Negotiations

The discovery phase is where both parties exchange detailed evidence and conduct oral examinations out of court  to uncover all facts. This stage is pivotal for negotiations, as it’s often when the majority of claims find resolution.

Trial Preparation and Court Proceedings

If negotiations stall, preparing for trial involves strategizing, gathering additional evidence, and possibly enlisting expert witnesses. This stage culminates in presenting your case in court, where a judge or jury will make a final decision on whether or not you will receive the personal injury settlement you are claiming and to what extent.

Personal injury lawyers use their training and experience to streamline the claims process for their clients, while also delivering on the rigor required to achieve a successful outcome. In many ways, having a strong and detailed case makes it easier to reach a settlement agreement because it leaves the other party with less room to argue against you.

Experienced lawyers take the time early on to understand your situation and gather the evidence required to be strategic and decisive during settlement negotiations and in court. As such, they maximize the likelihood of securing the benefits you deserve.

As an injured claimant, it’s important to remember that patience is a must. Most personal injury claims take anywhere from a few months to a couple of years to reach a settlement. It’s a long and at times complex process, but with the right legal representation, you can secure the compensation you need to recover and rebuild your life.

Don’t face the system on your own, let DWA Law help you achieve the result you’re looking for. Whether you’re dealing with a tort claim or an insurance claim, we are here for you. Contact us today to set up a free consultation.