• 04 Nov 2024

Understanding the Timeline: How Long Does a Personal Injury Case Take?

When you’ve been injured due to someone else's negligence, understanding the timeline of a personal injury case can help ease some of the uncertainty. Personal injury cases can vary widely in length based on several factors, from the complexity of the case to the willingness of the parties to settle. In this blog, we’ll break down the typical stages of a personal injury case and what you can expect at each stage.

1.     The Injury

The journey begins when the injury occurs. Whether it’s a dog bite, a car accident, a slip and fall, or any other incident, this initial event is most likely very traumatizing and overwhelming. The severity of the injury can determine the subsequent steps tremendously. If the injury is severe, you will need to seek immediate medical attention to ensure your health and safety. 

2. Immediate Treatment 

After the injury, the first priority is retrieving immediate medical help, often at an emergency room (ER). This step is crucial for your health, but also for documenting your injuries. Medical records from this visit will serve as a crucial piece of evidence in your personal injury claim. Make sure to maintain a record of where you treated, copies of your medical bills, reports, and any other documentation, as they will be important later in the process. 

3. Hiring an Attorney 

Once you’ve received initial treatment, it’s essential to consider hiring an attorney as soon as possible. The timeline for securing legal assistance can vary based on your individual situation, but having an experienced lawyer on your side can be invaluable. This is particularly true in North Carolina because we follow the doctrine of contributory negligence [link contributory negligence blog] will help you understand your rights, assess the specifics of your case, and navigate the complexities of the legal process to ensure you receive the compensation you deserve. The sooner you engagelegal representation, the faster you can begin making progress on your case. 

4. Treating and Gathering Evidence

After hiring an attorney, the focus shifts to continuing medical treatment and gathering evidence. This is usually the most time-consuming stage in the timeline. You should treat until you reach maximum medical improvement, and it is crucial to follow your medical providers' treatment plans. Do not skip appointments or stop treatment on your own. Even if you believe you’re back to normal, talk with your medical provider about it. Often, when treatment is working well, we start to feel better and stop attending appointments. However, when we stop treatment, the symptoms can return because our bodies haven’t fully healed. While you're treating, your legal team will work to collect: 

 

• Bills and fees: collecting all relevant expenses associated with your injury. 

• Medical records: documenting all ongoing treatment and recovery. 

• Witness statements: eyewitness accounts can help strengthen your case. 

• Additional evidence: this typically includes videos, photos, police reports, and expert testimony. 

 

The duration of this phase is heavily affected by the time span of your medical recovery and treatment. It can vary between several months to a year or more, especially if your injuries require extensive rehabilitation. 

5. Maximum Medical Improvement 

Maximum medical improvement (MMI) is a term used to imply that you have recovered as much as possible from your injuries. Reaching MMI is influenced by the nature and extent of your injuries. It’s important to wait until you reach MMI before closing out your claim, to ensure that any future care needs or expenses are accounted for. This stage can last anywhere between months to a few years. 

6. Making a Demand

Once your legal team has gathered all evidence and you have reached MMI, your attorney will submit your file to the at-fault insurance and make an initial demand. The insurance will typically take thirty days to review the file and either pay the demand or make a counteroffer. Your attorney will then negotiate to get the maximum amount of money the insurance will put on your claim pre-suit. You and your attorney will discuss if the settlement offer is fair and how the money breaks down. The alternative is to file a lawsuit if a settlement can’t be reached. Your attorney will discuss the pros and cons of filing a lawsuit, including factors such as costs, timelines, venue, and how to effectively prove your case.  The litigation process can extend the timeline dramatically, typically taking a year or longer but sometimes it is a wise investment. 

 

Partner with Us for Your Journey!

Understanding the timeline of a personal injury case can significantly reduce the anxiety that often accompanies these experiences. While the process may span several months to a few years, having the best North Carolina personal injury attorney can make all the difference. At Paul Robinson Law, we’re dedicated to guiding you every step of the way, ensuring you feel informed and supported throughout your journey. Contact us today for a free consultation and let us help you navigate this challenging time!