You may be wondering how long it will take for your case to be resolved if you were involved in a motor vehicle accident, slip and fall, or any other type of personal injury. Even though most California personal injury cases are settled before going to trial, it is possible for the settlement process to take a while.
To understand how settlement works, you must first understand California negligence claims. Personal injury claims can be considered a form of negligence. A negligence claim must include three main parts, each of which must have evidence.
It must first be shown that the at-fault party owed a duty of care to the victim. For example, the duty could be to make sure that a property is free from hazards and to drive a vehicle in an acceptable manner.
The injured victim must then prove that the at-fault party has breached their duty. A breach could be for example, failing to comply with traffic laws or failing warn visitors about a dangerous condition at a property.
The victim must also prove that the victim was injured by the negligence of the at-fault party. These damages may include:
- Medical expenses
- Future medical care costs
- LOST LOCAL WORKERS
- Loss of earning potential
- Property damage
- The two most painful things in life are suffering and pain
- Loss of consortium
Depending on the circumstances of each case, other types of damages might also be available.
THE EVIDENCE NEEDED
A claimant might only need to visit one or two medical offices in order to receive treatment for injuries sustained in an accident. It shouldn’t take more than a few weeks to obtain these records and have them analyzed.
It may take longer to evaluate the injuries of an injured victim and determine the appropriate damages. Do not settle a claim before all information is available. This could result in a reduction in the claimant’s damages award.
THE ATTITUDES OF THE PARTIES
Sometimes, it can take months or longer to settle a claim. This is because one party will not compromise on a settlement agreement. An insurance company might refuse to pay damages for an injured victim. To pursue legal action against the insurer, the victim’s lawyer is forced to file a lawsuit.
The insurance company might refuse to settle for a long time. It is not uncommon for “courthouse steps”, settlements to be made literally minutes before the trial begins.
Summarized from an article by Kuvara Law Firm.
