Taking legal action after an injury is a big decision.
You may ask yourself several questions before picking up the phone to call a Louisville personal injury lawyer:
- How much is my case worth?
- Do I even have a case?
- How can I find an attorney that can achieve maximum results for me?
- How long will my personal injury case take?
At Meagher Injury Lawyers, we understand the importance of knowing what to expect when making a big decision. We are experienced in personal injury cases and the personal injury claims process. In fact, we exclusively only practice personal injury law.
After a free case review, we’ll be able to advise you on your likelihood of success and what your claim may be worth.
How long will it take for my injury claim to resolve?
The answer is—it depends.
Many factors will influence how long it takes to finalize a personal injury matter, including:
- The complexity of the case
- The number of damages sought
- The backlog of cases in court
- The defendant’s (or the insurance company’s) willingness to settle
- Your willingness to settle
Each case is unique, and several factors are outside your attorney’s control. Although we cannot predict an exact timeline, we can give you a general idea of what to expect.
How Long Does It Take to Gather Evidence?
Before we’re able to send a demand letter to the insurance company, we’ll need evidence to support your claim. It can take some time to gather evidence, such as closed-circuit TV (CCTV), traffic camera footage, and eyewitness statements.
How Long Does It Take to Get Documentation?
In addition to evidence, such as photos and videos, we will need various documents to prove your case. Sometimes, these documents can take a significant amount of time to obtain.
Occasionally, we cannot send a demand letter to the insurance company because we are waiting for a document from a medical facility or other service providers.
Examples of documents needed may include:
- Medical reports and records from doctors or hospitals
- X-rays, MRI scans, etc.
- Police report
- Receipts and invoices to prove the cost of medical bills
- Loss adjuster’s report
How Long Does It Take to Negotiate with the Insurance Company?
Insurance companies are notoriously reluctant to pay out. It’s not uncommon for us to make several rounds of negotiations before arriving at a settlement.
The insurance company’s responsiveness plays a significant role in the time taken to finalize a personal injury claim. If we reach a settlement agreement, it typically takes around one to four weeks for the check to be issued, but on rare occasions, it takes even more time.
Settling Out of Court Vs. Going to Court
Whether your matter is settled in or out of court will have an impact on how long your personal injury claim will take to resolve. Settling out of court is in the best interests of both sides because it saves a lot of time and money.
Typically, it takes six to 12 months following the incident to settle a claim with an insurance company if able to settle the case without the need to file a lawsuit. Our top priority is getting the best possible settlement and avoiding litigation. By settling out of court, you’ll be able to receive your money sooner rather than later.
However, while an out-of-court settlement is preferred, our experienced personal injury attorneys are ready to go to court if necessary. We can file a personal injury lawsuit and fight the matter in court if we cannot reach a fair agreement with the insurance company. Litigation usually takes at least six months but oftentimes even longer.
How Long Does a Personal Injury Lawsuit Take in Louisville, KY?
Let’s say you have your free consultation with our experienced personal injury lawyer within a few weeks of your accident. During your case review, we determine that we need to gather further evidence and additional proof of medical treatment before proceeding. Also, keep in mind, in most cases, it’s not in your best interest to try to settle your case until you are finished with medical treatment or have reached maximum medical improvement.
After receiving all the necessary evidence and documents, including medical expenses, we send a strongly-worded demand letter to the insurance company. We get a response a few weeks later, but they made a low counteroffer that we’re not willing to accept.
After a few rounds of negotiations, it’s clear that we’ll need to file a lawsuit. After the lawsuit is filed, several things must happen before a trial: service of summons and complaint on the defendant, written discovery, depositions, motions, mediation, independent medical exam, expert disclosure, and compliance with all requirements specified in any trial order. While an injury case can settle at any time during litigation, most lawsuits take at least six months, but some lawsuits can take years to resolve.
Kentucky Personal Injury Statute of Limitations
If you are suffering severe injuries due to a car accident, slip-and-fall, or dog bite, contact our Louisville personal injury attorneys as soon as possible. You deserve fair compensation. If you don’t take action, you may lose your right to compensation due to Kentucky’s statute of limitations. Except in motor vehicle accident cases, you must file a personal injury claim within one year of the date of injury. For motor vehicle accident injury cases, you have at least two years from the date of the accident to file a lawsuit.
Contact Experienced Personal Injury Attorneys
If you were injured because of someone else’s negligence, it’s time to take action. Our experienced Louisville personal injury lawyers can get you the compensation you deserve.
For several years, Tate Meagher worked on behalf of insurance companies, so he knows the system inside and out. Today, he uses his knowledge and experience to achieve maximum client results in the personal injury claims process.