How Long Do Personal Injury Cases Take to Settle in Peoria?

What Is the Personal Injury Case Process?

Personal injury law allows people who have been injured to seek compensation for their injuries and resulting damages. This is done by filing a claim against the person responsible for their injury through negligent actions.

While the person who caused the injury is liable, the at-fault party’s insurer typically handles these claims. For example, if a driver runs a red light and rams into your car, you will seek compensation from that driver’s auto insurance company. Similarly, if you slip and fall and get hurt at a restaurant, the restaurant’s premises liability insurer would be responsible for settling your claim.

The personal injury case process constitutes the following steps:

Medical Treatment and Consultation With an Attorney

The most urgent thing to do after an accident is to see a doctor to safeguard your health and begin your healing journey. Consult an attorney once you have seen a doctor and are under treatment. A common question injured victims ask is “Can I settle my own personal injury case?”

There is no Illinois law that bars you from handling an injury case on your own. You should, however, consider seeking legal help. Everything from investigations, filing, negotiations, and going to trial are ideally tasks you should leave to a seasoned personal injury lawyer. Not doing so can lead to costly mistakes and missteps that might hurt your claim.

Your attorney will review your case and determine if you have grounds to sue. If you do, your attorney will get to work.

Investigations

Your attorney will ask you for all documents and evidence you have relating to your injury. These documents include accident photos, medical records, prescriptions, and witness statements.

Your attorney will use the information and documents sourced from you to investigate the matter further. This will help the attorney to establish the facts of your case, including the extent of your injury, treatment outcomes, damages, and losses. He or she will also seek to establish whether your case meets the four elements of a personal injury suit: duty, breach, causation, and damages.

Send a Demand Letter

If everything checks out, your lawyer will make initial contact with the defendant’s side by sending them a demand letter. A demand letter officially notifies the defendant’s side about the accident and how the defendant’s conduct caused it.

It also outlines your injuries and damages and the amount you want in compensation to settle the claim. Your attorney will include supporting documents and reference laws relating to your claim.

Settlement Negotiations or Filing a Suit in Illinois

Once the insurer’s attorneys receive your demand letter, they can respond in three ways. The first is to pay what you have asked for, the second is to give a counteroffer, and the third is to reject the claim.

If they paid you as per your demand letter, the matter would be settled. Often, however, insurers will counter with a lower amount than what you asked for and provide reasons for their offer.

Your lawyer will present you with the offer and discuss their response in detail. The lawyer will then advise on whether you should take the offer or go into further negotiations with the insurer. Negotiations involve some back and forth, with both parties pushing for their case and justifying the amount they are pushing for. Negotiations can yield a more reasonable offer.

Your lawyer will move to the next step if negotiations fail.

Litigation

Your attorney will start a lawsuit with the relevant court by filing a complaint and summons. The lawyer will send a copy of the filed documents to the defendant’s side. The defendant’s attorney will file a response, likely denying the claim or compensation requested.

This response will set in motion a series of activities leading to the pre-trial and the trial. A trial involves a judge or jury hearing your case, witness statements, expert witness testimony, and cross-examination.

The trial will end with a determination of liability for your injuries and what the compensation amount should be.

Are personal injury settlements taxable? While not taxable, the settlement will cover your legal fees if you entered a contingency fee agreement and outstanding liabilities, like medical bills from your injury.

What Factors Can Impact the Timeline of a Personal Injury Case?

The statute of limitations for personal injury cases in Illinois is two years. This means you must file a suit within two years of your injury. Your case can get settled within 6 to 12 months, or it could take 2 to 5 years. This disparity is due:

Severity of Injuries and Treatment Duration

Seasoned attorneys may advise you to wait until you reach Maximum Medical Improvement (MMI) before settling your personal injury claim. MMI means the point at which a patient has stabilized and recovered to the maximum level expected. For some patients, this doesn’t mean full recovery. Instead, it only speaks to a recovery point upon which further recovery is not medically anticipated.

Reaching MMI is important because it gives a clear understanding of medical care needs and costs required currently and in the future. This allows your attorney to compute damages more accurately. Reaching MMI can take months to years, depending on the severity of the injuries. So, settling such a case will likely take longer in instances where a patient takes longer to reach MMI. The longer the MMI, the more severe the injuries and, ultimately, the higher the damages. Insurance companies will endeavor to scrutinize and defend larger claims rigorously, which typically means going to trial.

Case Simplicity

Straightforward incidents, like a fender bender with clear liability, will be resolved much faster than more challenging ones. Conversely, cases that have disputed liability, severe injuries, or involve multiple parties will take longer to settle.

Reasonableness of the Insurer

The reasonableness of an insurer can shorten or lengthen a case in Illinois. For example, an insurer willing to negotiate will shorten timelines. Other insurers will lowball, employ stalling tactics, and be downright adversarial. These actions make it nearly impossible to settle out of court. Unfortunately, going to trial takes longer.

Liability Matters

Liability speaks to who is responsible for an injury. It involves determining what caused the accident and who should be held responsible. In Illinois, liability can be shared in percentages. For example, two cars can get into a collision where one driver is said to be 80% liable and the victim 20% liable. When liability is clear-cut and indisputable, a case can be settled quickly.

A dispute on liability or multiple liable parties often results in more investigations, legal analysis, and lengthy negotiations. This prolongs the process and affects settlement outcomes in personal injury cases.

Trial vs. Pre-Trial Settlement

Personal injury cases can get settled much faster if involved parties agree to negotiate and settle without going to trial. These negotiations begin once a demand letter is sent and with two willing parties. The typical resolution time for personal injury claims not proceeding to trial can be weeks or a couple of months at most. On the other hand, a trial may delay a settlement timeframe for injury claims for years.

Can Hiring a Personal Injury Lawyer Help Expedite Your Case?

Navigating the legal system can be overwhelming, especially after a traumatic incident. Having a reputable accident attorney comes with the assurance that investigations, communications, and negotiations will be done properly and in a timely fashion. Further, an attorney will know how much to ask for in a personal injury settlement and ensure you are not lowballed at such a vulnerable time. So, working with a lawyer can help fast-track your case.

Don’t gamble with a personal injury suit by handling it alone. Contact us at Strong Law Offices and let us help deliver a win.