You’ve been in an accident, you’re injured, and you’re facing mounting medical bills and lost wages. You’re probably wondering, “How long is this going to take?” It’s a common and understandable question. Everyone wants to get their life back on track as quickly as possible.

At Bart Bernard Injury Lawyers, we’ve been helping injury victims in Louisiana for 30 years. Our promise is “I’ll be with you every step of the way,” and that includes providing you with realistic expectations about the timeline of your personal injury case.

Understanding the Personal Injury Settlement Process

Before we talk about how long it takes, it’s important to understand the general process of a personal injury case. Most personal injury cases are resolved through a settlement, which is an agreement reached between the injured person (the plaintiff) and the at-fault party (the defendant) or their insurance company.

Here are the typical stages of a personal injury case:

1. Investigation: Gathering evidence, such as police reports, medical records, and witness statements, to determine liability (who was at fault) and the extent of your injuries.
2. Demand Letter: Your lawyer will send a formal demand letter to the insurance company, outlining your damages and demanding a fair settlement.
3. Negotiation: Your lawyer will negotiate with the insurance company to try to reach a settlement agreement.
4. Filing a Lawsuit: If a settlement cannot be reached, your lawyer will file a lawsuit to protect your rights and pursue your case in court.
5. Discovery: Both sides will gather more evidence, including depositions (questioning witnesses under oath).
6. Mediation: A neutral third party may help facilitate settlement discussions.
7. Trial: If the case doesn’t settle, it will go to trial, where a judge or jury will decide the outcome.

Factors That Influence the Settlement Timeline in Louisiana

The time it takes to settle a personal injury case in Louisiana can vary significantly depending on several factors:

• Complexity of the Case: Cases with clear liability and less severe injuries tend to settle more quickly. Cases involving multiple parties, disputed liability, or catastrophic injuries can take longer.
• Severity of Injuries: The more severe your injuries, the longer it may take to reach a settlement. This is because it may take more time to fully understand the extent of your injuries and the need for future medical treatment.
• Insurance Company Cooperation: Some insurance companies are more willing to settle claims fairly and quickly, while others are more likely to delay or deny claims.
• Negotiation Process: The negotiation process can take time, especially if the insurance company is unwilling to offer a fair settlement.
• Court Schedule: If a lawsuit is filed, the court schedule and any delays in the legal process can affect the timeline.
• Evidence Gathering: Gathering all necessary evidence, such as medical records, police reports, and witness statements, can take time.
• Expert Witnesses: If expert witnesses are needed to testify in your case, it can take time to secure their services and schedule their testimony.

Statistics: How Long Do Personal Injury Cases Typically Take?

It’s difficult to give an exact timeframe for how long a personal injury case will take to settle, as each case is unique. However, here are some general statistics and trends:

• Most personal injury cases settle out of court. Approximately 95% of personal injury cases are resolved through settlements. 
• Settlements can be reached at any time. A settlement can be reached before a lawsuit is filed, during the pre-trial process, or even during the trial itself.
• The average personal injury case takes several months to a year to resolve. However, complex cases can take longer, sometimes several years.

Factors That Can Delay Settlement

Here are some factors that can delay the settlement of a personal injury case:

• Disputed Liability: If the at-fault party denies responsibility for the accident, it can take longer to establish liability and reach a settlement.
• Complex Damages: Cases involving severe injuries or long-term disabilities may take longer to settle because it can be more challenging to assess the full extent of damages and the need for future medical care.
• Uncooperative Insurance Companies: Some insurance companies are more difficult to deal with than others, and they may use tactics to delay or deny claims.
• Court Backlogs: If a lawsuit is filed, court schedules and backlogs can affect the timeline.

What to Expect During the Settlement Process

Here’s what you can generally expect during the settlement process:

1. Demand Letter: Your attorney will send a formal demand letter to the insurance company, outlining your damages and demanding a fair settlement.
2. Negotiations: Your attorney will negotiate with the insurance company to try to reach a settlement agreement. This may involve multiple rounds of offers and counteroffers.
3. Mediation: In some cases, the parties may agree to mediation, where a neutral third party helps facilitate settlement discussions.
4. Settlement Agreement: If a settlement is reached, a written agreement will be drafted, outlining the terms of the settlement.
5. Release of Liability: You will typically be required to sign a release of liability, which releases the at-fault party and their insurance company from any further claims related to the accident.
6. Disbursement of Funds: Once the settlement is finalized, the funds will be disbursed to you, typically after any liens or attorney fees are paid.

Bart Bernard Injury Lawyers: Your Advocates for a Timely and Fair Resolution

At Bart Bernard Injury Lawyers, we understand that you want your personal injury case resolved as quickly as possible. We’re committed to:

• Thorough Case Preparation: We work diligently to gather evidence and build a strong case from the outset, which can help expedite the settlement process.
• Aggressive Negotiation: We’re skilled negotiators who are prepared to fight for a fair settlement and avoid unnecessary delays.
• Efficient Communication: We keep you informed throughout the process and respond to your questions and concerns promptly.

Don’t Delay Seeking Legal Help

If you’ve been injured in an accident, don’t wait to contact a personal injury lawyer. The sooner you seek legal representation, the sooner your attorney can begin working to protect your rights and pursue your claim.

Remember, we’re here to help you every step of the way, and we’ll work tirelessly to achieve a timely and fair resolution for your personal injury case.