My car accident case has been going on for more than 2 years. Nothing seems to happen for months at a time, then I will get a flurry of letters and even some phone calls. The other driver’s lawyer took my deposition last year, which is the last time I saw my lawyer. I call my lawyer’s paralegal from time to time, but nothing seems to be happening. How long is this case going to take?
Auto accident injury cases can be wrapped up within a month or two of your accident, or, like the plaintiff quoted above, your case can drag on for years. You have control over some of these delays while other reasons for the long time frame are completely out of your control.
Usually, cases that go into litigation will take longer than cases that involve a settlement directly with the insurance adjuster. If liability is clear and uncontested and your medical records and lost wage documentation are submitted timely, there is a good chance that we can get a settlement offer within a week or two after you stop treating.
While every case should be evaluated on its own merits, we can discuss with you the settlement range that is most likely for your injury in your location as well as factors that may cause that range to adjust upwards or downwards. In this type of situation we are likely to get an initial settlement offer and eventually a final offer from the insurance company.
If we decide that the settlement offers on the table are not sufficient, we have the option of filing a lawsuit and putting your case into litigation. Once in litigation you are likely looking at least 12 months before a trial date is set, and more realistically 12 to 24 months before we get a final decision. During this time, of course, we may agree to move your case to a mediation or arbitration facility to speed up the resolution.
In our office, we will present to you our opinion about the range of likely court outcomes of your case. We will also ask you to consider the worst case scenario – i.e. a defense verdict. We will then discuss outcomes that you can live with, and then proceed to reach one of those outcomes as quickly as possible.
Ultimately, there is no magic formula to determine the speed or outcome of your case. At Ginsberg Law we pledge to represent your interests zealously without regard to the impact your decision may have on our fees.