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How long does it take to complete a personal injury case? Board Certified Texas Injury Lawyer provides an answer.
For purposes of this question, it is assumed that the case involves serious injuries (in other words, it's not a soft tissue case or a minor fender bender car wreck -- those cases are typically on a different, shorter, time line).
There are a lot of factors that will impact how long a personal injury case will take. Most importantly, after the case is filed and the defendant companies have hired lawyers and appeared in the case, the Judge will set a trial date. Most judges are interested in moving their dockets efficiently, and will set a trial date within one year after it is filed.
However, realistically, many cases are not reached for trial on their first setting. Many times, a case will not be reached for trial until a second or third trial setting, sometimes longer.
The complexity of the case will impact how long it takes, from a perspective of both liability and damages. A rear end vehicle accident case is not very complicated from a liability standpoint, and shouldn't take as along as a complex products liability case that will be expert-intensive. Similarly, a case involving orthopedic injuries will typically be less complex, and take less time, than a case involving something like a traumatic brain injury.
The approach of the lawyers will impact how long the case takes. Many times, lawyers on the defense like to make things last for a while -- they are usually paid by the hour, so that explains their mindset. A plaintiff's attorney who pushes his or her cases will counter the slow-road defense approach. However, if plaintiff's counsel is not very aggressive about pushing the case, it will likely sit around for a long while.
The above discusses the time line to TRIAL. But there is another important time line: the time to potential SETTLEMENT. Most of the trial time factors also apply to the settlement time line. However, the attorneys on both sides have more control over how quickly a case will be postured for potential settlement.
Understanding that every case is different, as a practical matter, most personal injuries cases should be developed, and negotiated for potential settlement, within a year of filing. There are many situations where this time frame will be longer, or shorter, however, this is a good rule of thumb.
If you have any questions about the time frames for personal injury cases, please contact us and our Houston Personal Injury Lawyers will help you.